Differentiation And Analysis Of Conflict Of Laws

The conflict of laws is a basic question in the private international law theory and a practice, relates directly to the understanding to the private international law other questions. But there is fuzzy and the confusion place in our country private international law educational world at present, this needs to carry on reconsidering to the conflict of laws, to define conflict of laws elementary theory, performs the thorough analysis to the relation and the difference between the conflict of laws and the close concept.This article altogether divides into two parts.The first part is about the meaning of the conflict of laws. There have been many discuss in the works of scholar in international private law. Regarding the meaning of the conflict of laws, looked according to the private international law circle common viewpoint it mainly may decompose into the following several aspects: first, the conflict of laws is because adjusts the identical civil relations (identical civil and commercial law relationship concerning foreign affairs) to occur; second, the conflict of laws is the conflict which the law is the conflict on application of laws (conflict of potency); third, the conflict of laws is because the civil legal rule of the various countries (or law district, area) differ. Said on the first aspect that, the civil and commercial legal relationship to be appropriate; Said on the second aspect, although other views also can indicate this meaning, but "the conflict on application of laws " will be more accurate; Said on the third aspect that, it refers to the scope of the conflict law potency, but the state and law district itself may make the different understanding, this causes the limits to be more difficult. We should believe that, the law district refers to the spatial scope having the special legal system. But regarding of the choice national and the law territory, looked...