反致是国际私法上特有的制度,但在逻辑上有严重缺陷。它基本不考虑受致送国对于反致的态度,因而并不能体现对于外国法的尊重,也不能保障判决结果的一致性。随着反致制度的规则化、成文化,其灵活性也渐渐消失。更重要的是,只有当受致送国不接受反致时,反致才能体现人们所赋予它的优越性,而随着越来越多的国家采用它,这一优势越来越受到削弱。由于当代国际私法的新发展,其所追求的目标大多可通过其他方式实现。因此我国立法不必借鉴这一制度。 Anti-China is a unique system of private international law, but there are logically serious flaws. It basically does not consider the attitude of the sending country towards Anti-Tories and therefore does not reflect the respect for foreign law nor can it guarantee the consistency of the judgment. With the regularization and formalization of the anti-government system, its flexibility gradually disappeared. More importantly, Anti-Talent can reflect the superiority that people have given it only when it is not accepted by the sending country, and this advantage is weakened as more and more countries adopt it. Due to the new developments of contemporary private international law, most of the objectives pursued by them can be achieved by other means. Therefore, our country’s legislation does not need to learn from this system.