针对理论界和实务界不少人认为冲突规则的适用和外国法证明模式是因果关系的错误观点,本着为我国司法实践正本清源的目的,通过分析将两者混同的可能原因:扩大法院地法的适用和避开证明外国法的困难,进一步指出两者是相互独立的,没有互为因果的关系,更不可能等同起来。同时,从正面和反面两个角度分析了实践中冲突规则应当依职权适用的理由。 Many people in theorists and practitioners think that the application of the conflict rules and the proof of foreign law are the wrong views of causality. In the light of the purpose of clearing up the original judicial practice in our country, the possible reasons for the confusion between the two are as follows: The application and avoidance of the difficulty of proving foreign law further pointed out that the two are independent from each other and can not be equated with each other without mutual causality. At the same time, it analyzes the reasons why conflict rules in practice should be applied according to their functions and powers from the positive and negative aspects.