论我国涉外夫妻财产关系的法律适用

On the Legal Application of Foreign Spouses’ Property Relationships in China

摘要: 《涉外民事关系法律适用法》调整我国涉外民事法律冲突问题，作为我国冲突规范有着其独特架构性，其对于解决涉外夫妻财产问题的重要性不言而喻。我国涉外夫妻财产冲突规范的设计具有优越性，基本符合我国当下国情和国际社会立法形势，但是婚姻财产关系具有其特殊人身关系，意思自治原则的适用可能会损害第三人的实际利益。针对现行法律的局限性，在未来法律制订中，我国可以增加补充连结点选择，使得我国冲突规范连结点的选择更为合理。明确准据法是否可变以及加强对善意第三人权利保护，应当充分考虑法律关系中各个涉及的权利人的利益，完善我国立法体系。

Abstract: The Law on the Application of Law in Foreign-related Civil Relations takes autonomy of will, habitual residence, nationality and the closest connection as the rules for designing conflicts at the linkage points. The Law on the Application of Law in Foreign-related Civil Relations adjusts the conflict of laws concerning foreign affairs in China. As a conflict norm in China, it has its unique structure, and its importance in solving the property problems of foreign-related couples is self-evident. The design of China’s foreign-related husband and wife property conflict norms has advantages, basically in line with the current national conditions of China and the international social legislation situation, but the marriage property relationship has its special personal relationship, and the complex nature of human autonomy can lead to the application of the principle of will’s autonomy, which may result in damage to the interests of third parties. In view of the limitations of the current law, in the future law enactment, China can increase the selection of supplementary link points, so as to make the selection of the link points of China’s conflict norms more reasonable. To clarify whether the applicable law is changeable and to strengthen the protection of the right of the third party in good faith, we should fully consider the interests of the right holders involved in the legal relationship and perfect the legislative system of our country.