论我国涉外民事关系法律适用的相关问题

《中华人民共和国涉外民事关系法律适用法》将最密切联系原则上升到涉外民事关系法律适用总的补充原则,但该法及司法解释并未就"虽有规定但不完善的情况"以及对于非合同民事关系如何确定"最密切联系地"作出规定,后续的司法解释可以从连结点的数量和质量两个方面进行规定完善。该法及司法解释也未对"侵权行为地"作出明确定义,这就给界定"侵权行为地"带来了困难。该法在相关属人法的具体适用方面还存在连接点欠缺的情况,需要通过增加连结点的方法进行完善。

Some Issues Concerning the Application of Law for Foreign-related Civil Relations in China

Law of the Application of Law for Foreign-related Civil Relations of the P.R.C has upgraded the principle of most significant relationship to a general complementary principle of the law application for foreign-related civil relations,but the law and its judicial interpretations haven＇t explicitly stipulated the ＂regulated but imperfect circumstances＂ and how to determine ＂the most significant＂ in non-contractual civil relationship,so it has to be improved in the subsequent judicial interpretations from the quantity and quality of joint points.Besides,no clear definition of the lex loci delicti is made in the Law and judicial interpretations,thus creating difficulties in the determination of this problem,and some other problems such as deficient joint points also need to be improved by increasing the number of joint points.