民事责任竞合法律选择的价值冲突及其平衡

涉外民事责任竞合因其牵涉的双重法律关系及涉外因素而呈现出法律选择上的多元价值的竞逐，不仅表现为法律的确定性与个案适当性的博弈，而且表现为合同的预期价值与弱者利益保护的公正价值上的冲突。区分合同类型和损害类型进行法律选择才是解决价值冲突的应然途径。

The Value Conflict and Balance in the Choice of Law for Civil Liability Concurrences

Involved in dual legal relations and foreign- related factors, foreign- related civil liability concurrence exhibits a kind of multi- value competition in its choice of law, which is manifested not only in the value game between legal certainty and case impartiality, but also in the conflict between the expected value of the contract and fair value of protecting the benefits of the weak. It is argued that to resolve the conflict of value we should distinguish between the type of contract and damage type for the choice of law.