也论解决海峡两岸民商事法律冲突的模式

复合法域国家解决区际民商事法律冲突采用不同的模式。对于中国区际民商事法律冲突的解决,学者们也提出不同的主张。但是,这些模式是否适合于解决海峡两岸的民商事法律冲突问题,还需进一步分析与探讨。两岸的民商事法律冲突是特殊的区际法律冲突,由于这种冲突具有阶段性与渐进性并存的特点,因此,冲突的解决不可能一步到位,也必须采用阶段性、渐进性的措施。不论理论上存在什么缺陷或不足,从务实、需要的角度考虑,海峡两岸适用各自的区际冲突法或类推适用各自的国际私法解决相互间法律适用上的冲突,是现阶段最适宜的方法。

The Mode of Solving the Conflict of Civil and Commercial Laws in Cross-Strait

There are different modes in Multi-District-Law countries to solve the interregional conflict of laws. Different views of solving Chinese interregional conflict of civil and commercial laws are put forward by scholars. However, whether these modes could solve the problem or not need further analysis. The conflict of civil and commercial laws in Cross-Strait is a special interregional conflict of law, having the characteristics of being phased and gradual concurrently. We should take phased and gradual measures to solve the conflict of law between the two sides of the Strait accordingly. At the present time, based on an attitude of reality and necessity, the most appropriate method to solve the conflict of civil and commercial laws between the two sides should be: two sides apply their respective interregional conflicts law, or, apply by analog their respective private international law.