Choice Of Law In International Consumer Contract: From The Perspectives Of Justice And Efficiency

With the development of industrialization, informationization and globalization,the inequality factors in the foreign-related civil and commercial exchanges becomeincreasingly pronounced and some specific groups that need special protectionemerge in many fields. To protect their interests, it requires the Private InternationalLaw to provide an appropriate protection institution. Private International Law is notinherently protects the interest of weaker side, it is the requirement of pursuing ofhuman right and substantive justice in modern society. In addition, the phenomenathat oversea enterprises set discriminatory rules against Chinese consumers haveoccurred repeatedly, and these incidents have certain connected with the loopholeexists in the law application of the Chinese international consumer contracts. Toprotect the legitimate rights and interests of the consumer, and to promote thedevelopment of international consumption, the choice of law of consumer protectionin International Consumer Contracts needs further improvement. Meanwhile, wecannot ignore the legitimate interests of the operator. Therefore, researching theinterest balance of the choice of law in International Consumer Contracts is ofsignificant importance.At present, academia of private international law has put more concern oninterests protection of the weaker side. And this idea can be found in most countries’legislation and judicial practice.The protection of weaker side in private internationalis embodied in fundamental institutions and choice of law. Due to the limited lengthof this paper, the research will focus on the aspects of conflict rules. Therefore, I willcompare the Chinese consumer contract law with other countries, and analyse theselegislation by justice theory and legal economy analysis. At last I will give my advicesabout improvement of choice of law in international consumer contract which I wishwill promote the development of international consumption and find the balancepoint of fairness and efficiency.