对冲突法上识别对象和识别依据的探讨

Discussion on the Object and the Basis of the characterization of the Conflict of Laws

冲突法上识别的对象不应包括对冲突规范的解释 ,另外 ,识别对象可进一步分为法律事实和抽象的法律规定两类。确定识别依据是为了最终找到案件适用的准据法 ,因而可以先不考虑识别依据 ,而分别依和案件有联系的各国法律识别 ,然后根据不同的识别结果 ,援用相应的冲突规范来确定准据法 。

The object of the characterization of the conflict of laws does not include the interpretation to the conflict rules,furthermore,the object of the characterization can be classified into law facts and the abstract law rules.The destination of definition of the basis of characterization is to find the applicable law suitable to the case,so we can neglect the basis of characterization first,then characterize by laws of the countries which are connected with the case,and definite the applicable laws according to the corresponding conflict rules,finally,select the nost suitable law as the applicable law of the cases from these applicable laws in accordance with the rule of proximate connection.