The Fusion of Public Law and Private Law and Conflict of Laws-Towards the Establishment of the New Conflict of Laws Model

a)对于国家政策的处置，使用了“公法”、“外来法”、“程序法”和“强制适用规则”等不同概念，并分别进行了讨论。但是，所有这些规则都应被视为“强制性适用规则”，并应统一处理。(2)作为法律冲突对全球化的回应，可以看到两种明显矛盾的趋势：一是扩大当事人自治；另一个是促进国家之间在国家政策方面的合作。作为一种适用于全球化时代的法律冲突模式，本文建议采用以下模式：一方面，只要从增强当事人可预见性的角度来看，当事人自治是合理的，就应予以接受；另一方面，应在一定条件下接受外国强制适用规则的适用；但是，不应接受根据外国强制性规则提出的直接索赔，而应根据诸如条约等双边或多边援助予以解决。

a) As for dispositions for state policies, different concepts such as"public law","alien law","procedural law"and"mandatory applicable rules"have been used and they have been discussed separately. However, all these rules should be considered as"mandatory applicable rules"and should be dealt with in a uniform way. b) As response from conflict of laws to globalization, two apparently contradictory trends can be seen : the one that extends the party autonomy ; the other that promotes the cooperation between states regarding state policies. As a conflict of laws model which could be appropriate under the age of globalization, the following model is suggested here : on the one hand, the party autonomy should be accepted so far as it can be justified from the viewpoint of enhancing the predictability of parties ; on the other hand, the application of foreign mandatory applicable rules should be accepted under certain conditions ; however, direct claims based on a foreign mandatory rule should not be accepted and they should be resolved in accordance with bilateral or multilateral aid such as treaties.