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经济法是国家管理社会经济的规则,体现了公共利益或国家利益。20世纪以来很多国家赋予经济法以域外效力,而传统国际私法的冲突规范指引的准据法不含括公法,一国法院通常不愿适用外国经济法规则,但这一原则在理论和实践中被一步步突破。本文通过评论经济法域外效力的现象,分析了其理论基础,从而探讨该如何建立我国的经济法域外效力制度。
Economic law is the country’s rules governing social economy, embodies the public interest or national interest. Since the 20th century, many countries have given economic laws extraterritorial effect. However, the law governing the conflict of norms of traditional private international law does not include public law, and courts in one country generally do not want to apply the rules of foreign economic law. However, this principle is both theoretically and practically Be a step by step breakthrough. By reviewing the phenomenon of extraterritorial effectiveness of economic law, this paper analyzes its theoretical basis and discusses how to establish the system of extraterritorial effect of economic law in our country.