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自19世纪斯托雷提出的三原则说以来,“本地法说”、“政府利益分析说”、“法院地法说”、“最密切联系说”等学说相继涌现。这些学说都开始逐步扩大法官自由裁量权、扩大法院地法的适用,在追求实质正义的同时,日渐重视功能主义的国际私法观指导下的冲突规则。我们应在理论与实践相结合的基础上,根据美国国际私法学说所体现的精神解决问题,有条件的适用最密切联系原则,努力追求实质正义。
Since the three principles proposed by Stowe in the 19th century, there have been many theories such as the theory of “local law”, “the theory of government interests”, “the theory of court land” and “the closest connection theory” Emerging. These theories are beginning to gradually expand the discretion of judges and expand the application of the law of the courts. While pursuing substantive justice, they increasingly attach importance to the conflict rules under the guidance of the functionalist concept of private international law. Based on the combination of theory and practice, we should solve the problem according to the spirit embodied in the doctrine of private international law in the United States, apply the principle of the most intimate contact conditionally and strive for substantive justice.