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本文通过对处理船舶碰撞的传统的法律适用学说、观点的评价,提出了选择涉外船舶碰撞的准据法应当依据的“最密切联系原则”;主张应针对每个具体案件的各种法律关系,确定并适用与该法律关系有最密切联系的法律;并进一步指出了运用“最密切联系原则”应当注意的问题。
In this paper, the “principle of closest contact” which should be used to select the applicable law of collision of ships involved in ships is put forward through the evaluation of the traditional law application and handling of the collision of ships. The proposition should address the various legal relations in each specific case, To determine and apply the law that has the closest connection with the legal relationship; and further to point out the issues that should be paid attention to when applying the “principle of closest contact.”