论条约在国内民商事审判中的适用

不断增强的经济全球化趋势使国际民商事纠纷日益增多，从而凸显了条约在解决国际民商事纠纷中的作用。条约适用于国内民商事审判的理论基础是一元论和二元论。各国民商事审判适用条约的方式以及条约在各国国内法中的地位，取决于条约在各国民商事审判中的立法与实践。我国应该借鉴国外相关先进做法，完善条约在民商事审判中适用的立法与司法制度。

On the Application of Treaty in Domestic Civil and Commercial Trials

The enhancing trend of Economic Globalization has brought about an increasing number of the international civil and commercial disputes, thus highlighting the role of the treaties in resolving the international civil and commercial disputes. The theoretical basis of the application of treaties in the domestic civil and commercial trials is Monism and Dualism. The ways that each country applies the treaty in its civil and commercial trials and the status of treaty in domestic law of each country depend on the legislation and practice of the application of treaty in civil and commercial trials. China should learn from the advanced practices of foreign countries, improving the legislative and judicial system of the application of treaty in civil and commercial trials.