法律域外效力 meaning in Chinese

extraterritorial effect of law

We must have a comprehensive and objective understanding of dicey ’ s theoretical system . he was launched from three aspects : first , in the conflict law or private international law sense , the discussion of the nature of the subject , including the case of a foreign element , the division of the england law , the explain of the ambiguity of " law of a given country " , the time of the emergence of the rules about choice of law is later than the local law , the reasons for the application of foreign law , the similarities among the rules about choice of law of civilized nations ; second , the appropriate methods for the treatment of conflict of laws , including theoretical method and positive method ; third , the general principles underlying the rules or maxims which collectively make up the branch of law , including six principles of jurisdiction and choice of law
然而,本文认为这些批判中存在着对戴西理论认识上的局限性。戴西运用实证的方法,在充分考察英国国际私法的基础上,承认了法律域外效力,客观划分了法律部门,提出了保护既得权这一原则。通过对戴西既得权理论的重述,对既有的对戴西理论的评价的反思,本文重新评价了戴西的既得权理论,并且发掘了既得权方法对于国际私法的现实意义,从而有益于国际私法的理论研究和实践发展。