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侵权行为,适用侵权行为地法。传统的侵权行为地法原则如今面临着两个挑战:一是侵权行为地的确定;二是多侵权行为地情况下准据法的确定。我国法律规范在解决距离性侵权行为案件的法律适用时,肯定了侵权行为实施地和侵权结果发生地的平等意义,但赋予了法院过大的自由裁量权,需要进行适当的硬化处理。作为冲突法“新宠”的最密切联系原则,不仅能够对法院裁量权进行限制,也有着更高的司法效率,符合我国当今司法实际的需求。
Infringement, applicable to tort law. The traditional principles of the law of territorial infringement now face two challenges: one is the affirmation of infringement; the other is the determination of the law of applicable law in the case of multiple infringements. In the process of resolving the application of law in cases of sexual assault, China’s legal norms affirmed the equal significance of the place where the infringement took place and the place where the infringement occurred. However, it gave the court too much discretion and needed appropriate hardening treatment. As the most relevant principle of conflict law “new favorite ”, it not only can limit the discretion of the court, but also has a higher judicial efficiency, which is in line with the actual needs of the present judicial practice in our country.