第六章 冲突规范（The sixth chapter of conflict rules）.docVIP

第六章 冲突规范（The sixth chapter of conflict rules） The sixth chapter of conflict rules The basic knowledge points. The concept, structure and type of the first day of conflict rules The concept of conflict and conflict specification standard (conflict rules) are regulated by domestic law or international treaties, specify a foreign-related civil and commercial legal relationship applicable legal norms. Therefore, it is also called the rules of application of law (rules of application of law (choice) or of law rules of choice of law rules). The conflict law is a special legal norms, compared with the general legal norms, it has the following characteristics: 1. different conflict rules in the substantive law in general, it is the rules of application of law. The law only specifies the conflict rules of foreign-related civil and commercial relationships applicable law, in order to deal with the relationship between fair and reasonable, so as to promote international economic, cultural and commercial exchanges and technical exchanges, so it does not directly regulate the rights and obligations of the parties. 2. different conflict rules in legal norms in general, it is the choice of law rules. Although the conflict specification does not directly regulate the rights and obligations of the parties, but the way in the specified conflict law in adjusting foreign-related civil and commercial legal relationship, but it is different from the legal norms to adjust for the litigation object, which is how to choose the applicable law and guide the parties or a state court. 3. conflict rules is an indirect specification, and lack of general legal norms clear and predictable. Although the conflict rules different from the substantive law, but it is still a means of adjusting foreign-related civil and commercial legal relationship, but it needs a country with the guidance of substantive norms combined to ultimately determine the rights and obligations of the parties. It is only the use