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随着日益频繁的国际民商事交往,各国为了保护本国的利益,在涉外民商事领域内制定了越来越多的强制性规范,这些强制性规范就是直接适用的法,直接适用的法成为各国实践中广为采纳的一种制度。虽然我国已经从立法层面上确定了这一制度,但在实践中仍然存在与公共秩序保留制度相混淆的现象,并且由于《涉外民事关系法律适用法》对于直接适用的法规定得较为简略,使得这一制度在我国的适用出现若干问题亟待解决。
With the ever-increasing international exchanges between civil and commercial affairs, in order to protect their own interests, all countries have formulated more and more mandatory norms in the fields of foreign-related civil and commercial affairs. These mandatory norms are directly applicable laws, and the directly applicable laws become the A widely adopted system in practice. Although our country has already established this system from the legislative level, there still exist the phenomenon of confusion with the system of preserving public order in practice. And since the Law on the Application of Law Concerning Civil Relation with Foreign Countries is relatively simple for the directly applicable laws, Some problems in the application of this system in our country need to be solved urgently.