涉外民商事纠纷解决的价值维度

**章 涉外民商事纠纷解决的正义标准 ············································1 **节 基本概念与正义标准 ················································2 第二节 诉讼管辖权的确立对纠纷解决正义的影响 ·····················9 第三节 法律适用对纠纷解决正义的影响 ······························· 14 小结 ··············································································· 22 第二章 管辖权行使的价值考量 ······················································ 24 **节 国际商事仲裁的非当地化 ········································ 25 第二节 国际民事诉讼管辖权的协作 ····································· 40 小结 ··············································································· 57 第三章 法律选择的价值考量 ························································· 58 **节 法律选择的传统模式及价值关切 ······························· 60 第二节 连接点选择的价值多元及其冲突 ······························· 68 第三节 连接点选择的正当化论证 ········································ 77 小结 ··············································································· 85 第四章 司法自由裁量的价值考量 ··················································· 87 **节 识别过程中的价值选择 ··········································· 88 第二节 适用反致的价值目标 ·············································· 94 第三节 先决问题法律适用的价值选择 ·································110 第四节 证明责任的法律适用 ·············································119 小结 ··············································································134 第五章 价值选择方法在具体冲突法制度中的运用 ·····························136 **节 主权秩序下的个体权利 ——以法律规避与公共秩序保留制度为例 ··················137 第二节 冲突正义下的实体正义 ——以涉外婚姻的法律适用为例 ······························143 小结 ··············································································167 第六章 总论：以管辖权的合理设置统筹推进国内法治和涉外法治建设 ··168 附录：《涉外民事关系法律适用法》条文修改建议及理由 ·······················188 参考文献····················································································203 后 记·······················································································208