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准据法是国际私法中一个特有的概念,国内学者围绕准据法的概念、准据法的确定方法、准据法的适用等问题,并未达成一致的意见。本文从准据法的确定、准据法的性质、准据法的范围三个方面对以往的定义方式进行了评析,提出准据法经过法律选择而最终适用于涉外民商事案件的一国的民商事法律体系。
The law of conformity is a unique concept in private international law. Domestic scholars have not reached a consensus on the conception of the law of conformity, the method of determining the law of conformity and the application of the law of conformity. This article analyzes the definition methods of the past from three aspects: the determination of the applicable law, the nature of the applicable law and the scope of the applicable law, and proposes that the applicable law should eventually be applicable to a country where civil and commercial cases involving foreign affairs are made through legal choices Civil and commercial legal system.