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自19世纪中叶以来,有关国际私法的性质归属的在学界一直存在很大的争论。其焦点主要集中在国际私法是国际法抑或国内法?对于这一问题,目前国际社会存在国际主义学派、国家主义学派及二元说即综合学派等。然而就现代全球化社会的发展现实来看,国际性是国际私法的基本特征之一国际私法属于国际法范畴而非国内法范畴已毋庸置疑。而且确定国际私法的国际性对现代社会的发展有着重要作用。
Since the mid-19th century, there has been considerable debate in academia about the nature of private international law. Its focus is mainly on whether private international law is international law or domestic law. Regarding this issue, the international community now has schools of internationalism, nationalism and dualism, that is, comprehensive school of thought. However, in view of the reality of the development of modern globalized society, internationality is one of the basic features of private international law. Private international law belongs to the category of international law rather than the scope of domestic law. There is no doubt about it. Moreover, it is determined that the international nature of private international law has an important role in the development of modern society.