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双重可诉规则作为侵权领域法律适用的规则在历史上曾经发挥过重要的作用。它由英国产生确认以来在相当长一段时间之内影响着该国侵权冲突法的立法与司法实践,我国也在一定程度上受其影响。然而由于其自身一些不可克服的缺陷,该规则逐渐走向没落。我国在新近出台的《涉外民事关系法律适用法》对于侵权的有关规定也摒弃了该规则的适用。但对该规则进行较为详细剖析的过程中,不难发现我国立法不仅存在值得肯定的部分,同时仍具有亟待完善之处。
The double rules of vouchers have historically played an important role as rules that apply to law in the field of infringement. Its constitutional and judicial practice, which has affected the law of Torts in the country for a considerable period of time since it was confirmed by the United Kingdom, is also affected to some extent by it. However, due to its own insurmountable defects, the rule gradually declines. Our country recently introduced the Law on the Application of Law Concerning Civil Relations Concerning Foreign Affairs also abandoned the application of the rule to the relevant provisions on infringement. However, when the rule is analyzed in more detail, it is not difficult to find that there is not only a certain part of our country’s legislation, but also a place that needs to be improved urgently.