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最密切联系原则对实质正义的追求,推动了利益衡量由片面强调国家利益转向关注个人利益。然而,这种状态在司法实践中却被法院地法的扩大适用所打破。在反思与应对利益失衡的同时,最密切联系原则的适用亦不能忽视对社会利益的考量。追求国家、个人、社会利益的和谐统一才是最密切联系原则的完善方向。
The quest for substantive justice by the principle of the closest connection promoted the transfer of interests from a one-sided emphasis on national interests to a concern on personal interests. However, this state of affairs has been broken by the enlargement and application of the law of the courts in judicial practice. While reflecting on and counterbalancing the interests, the application of the principle of the closest relationship can not ignore the consideration of social interests. The pursuit of the harmonious unity of the interests of the country, individual and society is the perfect direction for the principle of the closest connection.