上世纪中后期以来,单边主义成了冲突法领域中颇受瞩目的一个词汇,但因我国学者较少关注,产生的歧义也就较多。冲突法语境中的单边主义宜理解为在立法和司法过程中所体现的,内国或法院地国法优先的各种方法、手段和理论的总称。按照动态发展过程,其可分为立法中的单边主义和司法中的单边主义。立法单边主义是大陆法系国家更多采用的,其存在三种表现方式。司法单边主义则在两大法系俱存,以美国尤为突出。美国司法单边主义引发了冲突法从“规则”到“方法”的革命。正视并分析单边主义的发展态势,对于我国现今涉外法律适用法的创制具有重大的理论和实践意义。 Since the middle and late of the last century, unilateralism has become a very popular term in the field of conflict of laws. However, due to less attention from scholars in our country, more ambiguity has arisen. Unilateralism in the context of conflict law should be understood as a general term for various methods, means and theories that give priority to the law of nations in China or the courts, as embodied in the legislative and judicial processes. According to the process of dynamic development, it can be divided into unilateralism in legislation and unilateralism in justice. Legislative unilateralism is more commonly adopted by civil law countries, and there are three manifestations. Judicial unilateralism exists in both legal systems, especially in the United States. American judicial unilateralism has triggered a revolution in the law of conflict from the “rule” to the “method”. To face up to and analyze the development trend of unilateralism has great theoretical and practical significance for the present invention of the law applicable law in foreign countries.