一、导论目前,主张内外国法平等适用的双边主义法律选择路径在各国的冲突法立法中虽然已占据主流地位,但是,在司法实践中,法官对适用法院地法的单边主义偏好却始终存在。由此,在双边主义对单边主义的冲突法基本路径选择上,便形成了立法与司法之间的一种张力。如何评判这两种法 I. INTRODUCTION At present, the path of dualistic legal choice advocating that foreign and domestic law are equally applicable has taken the mainstream status in the conflict of laws legislation of various countries. However, in the judicial practice, the unilateral preferences of judges on the application of the law of courts have always been exist. As a result, the tension between legislation and judiciary has been formed on the basis of the choice of the basic path of bilateral law-unilateral conflict of laws. How to judge these two kinds of law