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当前《涉外民事关系法律适用法》已经被列入全国人大立法议程,《涉外民事关系法律适用法》的起草工作也即将开始。定性问题是国际私法的基本问题,也是处理涉外民商事案件的前提。我国涉外民商事审判实践中定性错误时有发生,深入研究定性问题并对《涉外民事关系法律适用法》的定性条款进行设计和论证具有理论和现实意义。
At present, the Law on the Application of Law Concerning Civil Affairs Concerning Foreign Affairs has been listed on the legislative agenda of the NPC and the drafting work on the Law Applicable to Civil Relations Concerning Foreign Affairs is about to begin. Qualitative issues are the basic issues of private international law and are also the preconditions for dealing with civil and commercial cases involving foreign people. The qualitative mistakes in the trial of civil and commercial affairs concerning foreign affairs have occurred from time to time. It is of both theoretical and practical significance to deeply study the qualitative problems and to design and verify the qualitative clauses of the Law Applicable to the Civil Relations Concerning Foreign Affairs.