Abstract

As a certain system functioning in the course of choice of law，evasion of law may not be recognized universally．But as a phenomenon in the legal practice，it exists all over the world．Focused on that phenomenon，based on the fundamental theories of choice of law，supported by the judicial practice of the two major law families，the author suggests that the phenomenon of evasion of law can only takes place in the so-called “false conflict of laws”．It is the result of private party's act，meanwhile stimulated by certain policies of concerned countries which reflected in their legislations or judicial practices．While considering the proper reaction to the evasion of law，one should not simply condemning or negating it on the only basis of its dishonesty and immorality，but should also take into account the legislative policy of concerned countries，the immediate motives of the conductor，the actual influence on the social life，in order to make a fair，effective judgment based on an objective and accurate analysis．