2011年4月1日生效的《涉外民事关系法律适用法》(以下简称《法律适用法》)第八条规定:涉外民事关系的定性,适用法院地法律。关于这里所指的“定性”这一概念,我国立法尚未对其进行界定,有学者认为这里的定性与国际私法上的“识别”同义。虽然该法生效已三年多,但笔者在研究了《法律适用法》颁布以后,结合北大法宝数据库的相关案例,发现我国司法实践中对于这一条款的适用仍存在许多值得思考的地方,于是有了一些感悟和见解。 Article 8 of the Applicable Law of Civil Relations Concerning Foreign Affairs (hereinafter referred to as “Law Applicable Law”), which entered into force on April 1, 2011, stipulates that: Qualification of foreign-related civil affairs shall be governed by the law of the court. As for the concept of “qualitative ” referred to here, our country’s legislation has not yet defined it. Some scholars think the definition here is synonymous with “identification ” in private international law. Although the law has been in force for more than three years, after studying the promulgation of the Law Applicable Law and combining with the relevant cases of Beida Magic Database, the author finds that there are still many places worth considering for the application of this clause in judicial practice in our country. With some insights and insights.