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作为国际私法的基本规范,冲突规范是立法者解决国际民商事法律冲突的产物,也是司法者解决国际民商事纠纷的依据。冲突规范在立法层次上表现在范围和系属的确定,而在司法层次上主要是识别。与此相对应,法律冲突的概念仅存在于立法层次上,在司法层次上的则是法律适用。区分立法与司法层次上冲突规范的不同含义,对于建构合理的国际私法体系具有积极的意义。
As the basic norm of private international law, the conflict norm is the product of the legislator’s solution to the conflict of law between civil and commercial affairs in the world and also the basis for the judiciary to settle disputes of international civil and commercial affairs. Conflict norms at the legislative level is manifested in the scope and affirmative determination, but mainly in the judicial hierarchy to identify. Correspondingly, the concept of legal conflict exists only at the legislative level, but at the judicial level, the law applies. Differentiating the different meanings of the conflict norms at the legislative and judicial levels has a positive meaning for building a reasonable system of private international law.