涉外民事关系法律调整方法之比较

THE COMPARISON OF THE METHODS OF REGULATIING FOREIGN CIVIL LAW RELATIONSHIP

涉外民事法律关系调整方法主要有两种:其一是采用冲突法规范选择准据法的间接调整方法;其二是运用实体法规范直接确定国际民事关系中各方当事人的权利和义务关系。冲突法规范调整方法有其合理的一面,但也存在着机械、僵化的一面;而实体法规范虽然被认为是调整涉外民事关系的最佳选择,但在目前,其调整的范围和作用仍然有限。因此,有必要继续重视和加强对冲突法规范的研究。

There are two methods to regulate foreign civil law relationship, one is the indirect approach of applying conflict norms as the applicable law,and the other is the direct way to adopt positive norms to establish the rights and obligations of the parties concerned. The former has its reasonable aspects as well as rigidity, while the later is regarded as the most desirable to regulate foreign civil law relationship, though for the time being , it plays limited function because of its limited applying field. There fore it is necessary to pay much attention to the study of conflict norms.