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中国国际私法是从西方引入的,过去深受西方的影响。现行立法存在的一些不足,又带来了“司法立法”现象。将来国际私法典的制定宜分为总则、冲突规范、附则三编。总则除规定最密切联系原则等一般原则外,应对管辖权、外国判决的承认与执行作适度规定;冲突规范规定各法律关系的法律适用,其中应以住所地法为属人法之原则;附则应对该法典与其他相关法律的重叠和矛盾之处加以处理。
China’s private international law was introduced from the West and was influenced by the West in the past. Some existing problems in the legislation have brought about the phenomenon of “judicial legislation.” In the future, the formulation of the international private code should be divided into general rules, conflict rules, and appendix three series. In addition to the general principle of providing the principle of the most intimate relationship, the general provisions on jurisdiction and the recognition and enforcement of foreign judgments shall be made in a proper way. The conflict of laws stipulates the law applicable to all legal relations, including the principle of domicile of residence as personal law. The overlapping and contradictions of the Code and other relevant laws should be addressed.