On The Foreign Product Liability Law Apply

There are some defects in the rules of law application of foreign-related product liability in China. With the development of social practices, the perfection of law application of Chinese foreign-related product liability is imminent. When the rules of law application of foreign-related product liability is drafted, the thorough discussion for connecting factors, the principles of law application and the value orientation of legislation of foreign-related product liability is needed. In the situation of global integration, the consideration of the practices of law application of foreign-related product liability in other countries and international community is also necessary.This thesis is based on the thorough investigation of basic theory and the practices of law application of foreign-related product liability in other countries and international community. It carefully analyzes the defects of the recent rules of law application of product liability in China. Through comparative study, some suggestions for the perfection of the rules of law application of product liability in legislative mode, principles of law application and design for legal provisions are suggested by the author.Except the introduction and the conclusion, the thesis is divided into five chapters.Chapter one is the discussion for basic theory of the law application of foreign-related product liability. This chapter analyzes the reasonable foundation of independent adjustment principle, the connecting factors in related cases, the principles of law application and the value orientation of the legislation of foreign-related product liability.Chapter two analyzes the legal practices of law application of foreign-related product liability in related countries. The USA, Switzerland, Australia and Japan are selected as represents.Chapter three lays special stress on the regulations of the law application of foreign-related product liability in Rome II of EU 2007. This rule will be applicable in all the member states of EU (except Denmark). It is the significant achievement of the integration of private international law in EU. Chapter four makes careful analysis of Hague Product Liability Convention which is the only convention concerning law application of product liability in the world.Chapter five is about the defects and perfection of Chinese legislation of law application of foreign-related product liability. This chapter analyzes the insufficiency of the recent regulations in China and discusses the rules of law application of product liability in Model Law of Private International Law of The People's Republic of China. Finally, some suggestions for the perfection of related legislation are proposed.