论外国人私法地位承认的必然性

所谓外国人的私法地位 ,在本质上即外国人在内国的法律人格及其私权享有的存在状态。对外国人私法地位的承认 ,作为国际私法的基本制度与理论问题 ,已经成为当代国际私法的基础并决定着国际私法的价值与发展。本文对外国人私法地位承认的必然性作了自然理性基础、财产分配基础、社会存在基础和利益需求基础四个方面的法哲学探讨。

On the inevitability of recognition of the status in private law of a foreigner

The so-called status in private law of a foreigner in essence means th e legal personality of a foreigner in a domestic nation and the existing state p ossessed by its private rights. As the basic system and theoretical issues of pr ivate international law, the recognition of the judicial status of a foreigner h ave been become the basis of contemporary private international law and decided the value and development of private international law. This paper is trying to give a legal philosophy probe into the inevitability of recognition of the statu s in private law of a foreigner based on the reasonableness foundation of nature , the foundation of property allotment, existing foundation of society and the f oundation of demand and supply of benefits.