最密切联系说起源于20世纪50年代和60年代的美国,其以传统“法律关系本座说”为基石,同时吸收库克的本地法,卡弗斯的优选原则及柯里的政府利益说等学说之营养,将与案件联系最密切的国家或地区之法作为适用法律。最密切联系说对世界国际私法学走向产生深远影响,然其亦存在主观性、复杂性和不确定性等不足,使其后期发展逐渐回归冲突法规则。我国国际私法深受其影响,《涉外民事关系法律适用法》(以下简称《法律适用法》)中就将最密切联系说作为原则之一,以填补法律之空白。 The closest link was that the United States, which originated in the 1950s and 1960s, was based on the tradition of “legal relations” and at the same time absorbed Cook’s local law. The preferred principles of Carvers and the government of Currie The doctrine of interest and other doctrinal nutrition, the law of the country or region most closely connected with the case as applicable law. The closest connection has a far-reaching impact on the trend of international private law in the world. However, subjectivity, complexity and uncertainty still exist in this connection. Therefore, its subsequent development gradually returns to the rules of conflict of laws. China’s private international law is greatly affected by it. One of the principles is to apply the Law on the Application of Civil Aspects of Foreign Affairs (hereinafter referred to as “Law Applicable Law”) to fill the gap in law.