对于学说能否成为我国国际私法的法律渊源历来颇有争议。考察各国立法和学者学说,是否将学说作为法律渊源也意见不一。但由于法律的滞后性需学说弥补,司法机关独立性和法官素质有待提高以及全球化趋势的加强等原因,我国有必要将学说作为国际私法非正式渊源,并且也具有将学说作为国际私法法律渊源的可能性。 It has always been controversial whether the doctrine can become the legal source of China’s private international law. Examining the legislation and scholarly theories in various countries also disagreed on whether or not to apply doctrine as a source of law. However, due to the lag of law, the doctrine needs to be made up, the independence of the judiciary, the quality of judges to be improved and the trend of globalization to be strengthened. Therefore, it is necessary for our country to regard the doctrine as an informal source of private international law and also have the theory as the legal source of private international law The possibility of.