论涉外民商事司法的柔性化改革

On Flexibility of Foreign-related Civil and Commercial Judiciary

分析了目前我国制度法的局限性及涉外民商事案件的复杂性,认为涉外民商事司法进行柔性化改革是必要的。指出涉外民商事司法柔性化应在坚持合法性的前提下,增强涉外民商事司法的合理性,使合法性与合理性相统一,实现价值的最大化和多元化。

As the limitation of institutions and the complexity of the foreign-related civil and commercial cases, it is essential to reform the flexibility of the foreign-related civil and commercial legal. It is pointed out that flexibility of foreign-related civil and commercial judiciary should adhere to the premise of legitimacy, enhance rationality, and make legitimacy and rationality unification and realize their maximization and diversification.