关键词: 冲突法, 实体法, 实质正义, 冲突正义, 法律选择规则

Abstract:

Through the investigation of the recent development of private international law, we can find that a single value orientation that breaks the conflict rules and only pursues conflict justice, and the advocation that the application of law should reflect the substantive justice have become a trend in private international law. But the United States has taken a different way from majority countries in realizing substantive justice. Generally, the “revolutionary” way adopted by the United States is more radical than the “reformative” way adopted by the majority of countries especially the European countries. From a practical point, the “reformative” way by the European countries are more conducive to the realization of substantive justice.

Key words: conflict law, substantive law, substantive justice, conflict justice, choice of law rules