条约在国内适用的若干问题探讨

本文认为凡涉及到私人权利义务等事项的条约,都将会产生国内适用的问题。转化和纳入各有优劣,应视条约的不同而相应采用。至于在国内法中解决条约与国内法的冲突,则完全取决于各国法律的具体规定,条约在国内法上并非处于绝对优先的地位。就中国而言,转化已经成为我国适用条约的主要方式,而在处理条约与国内法冲突时,所采取的是条约优先的原则。

On Several Issues of the Application of Treaties in China

This article holds that treaties should be applied in nations if their contents involve private peoples' rights and obligations. Adoption and transformation, each having its advantages and disadvantages, should be applied according to the contents of a treaty. As for solving the conflicts between treaties and national laws, it is completely dependent on the how the national laws prescribe. With regard to the practice of China, transformation has been the primary form to apply treaties, and the principle of the priority of treaties will be adopted when dealing with the conflicts between treaties and national laws.