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在国际民事诉讼中,为了获取额外的诉讼利益,当事人往往会选择特定法院来行诉,这就是所谓的挑选法院行为。促使当事人挑选法院的动因多种多样,最容易为人们想到和理解的无疑是实体法或程序法方面的原因,因为它们可以分别对当事人实体或程序上的利益产生直接影响。与此同时,另一重要因素——冲突法的效果则经常被有意无意地忽略。本文对冲突法在挑选法院行为上产生的影响进行了初步探讨,分析了冲突法之所以能够影响当事人诉讼策略的原因所在,并且对当事人就冲突法角度挑选法院的行为做出了分步骤的分析。
In international civil litigation, in order to obtain additional litigation interests, the parties often choose a specific court to sue, which is called the act of selecting the court. The reasons that motivate parties to choose a court vary widely, and the easiest one to think of and understand is undoubtedly the substantive law or the procedural law, as they may each have a direct bearing on the substantive or procedural interests of the parties. In the meantime, another important factor, the effect of the law of conflict, is often overlooked both intentionally and unintentionally. This article has a preliminary discussion on the impact of conflict law on the selection of court actions, analyzes the reason why conflict law can affect litigant litigation strategy, and makes a step-by-step analysis of the parties’ selection of courts from the angle of conflict law .