Study On Applicable Law Of Foreign Tort

For a long time, applicable law of foreign tort is an important research field in privateinternational law. Traditional principles of applicable law of foreign tort including: theprinciple of lex loci delicti and the principle of law of court, which meet therequirement of the certainty for law application at that time. But with the fastdevelopment of economy globalization and technology, the distance between twopeople was shorten, contact and association becoming more and more frequent andcomplex. When responding to the new foreign-related tort cases, it far exceeded thetraditional principle’s ability, because of the ossification of the traditional principles ofapplicable law of foreign tort. The outbreak of the conflict of laws revolution solvedthis problem, and proclaimed the birth of the doctrine of the most significantrelationship and the principle of autonomy. American Second Restatement of Conflictof Laws and Swiss federal international Private Law Code are good examples for thetwo principles. American Oregon Choice of Law for Torts and Other Non-ContractualClaims and European Rome II, which more epitomizes the new trend of applicablelaw of foreign tort. At the same time, on the basis of learning from the experience andintegrating with Chinese realities, Law of the People’s Republic of China onApplication of Laws to Foreign-Related Civil Relations was in2010, which markedthe legislation tort conflict coming to a new level. The passing of Interpretations ofthe Supreme People’s Court on Several Issues Concerning Application of the Law ofthe People’s Republic of China on Choice of Law for Foreign-Related CivilRelationships(Ⅰ) solve the problems of Law of the People’s Republic of China onApplication of Laws to Foreign-Related Civil Relationships in practice.With this background, in order to conclude the trends of the applicable law of foreigntort in different periods, I used the methods of theoretical research, historical researchand comparative studies. Historical gradual of the applicable law of foreign tort is themain line of this dissertation.The dissertation is consisted of4chapters. The first part,mainly introduces the summary of the applicable law of foreign tort. The second part,mainly introduces the traditional principles of applicable law of foreign tort. The thirdpart, mainly introduces the new development of applicable law of foreign tort: thedoctrine of the most significant relationship and the principle of autonomy andrecently legislative achievements, taking American Oregon Choice of Law for Tortsand Other Non-Contractual Claims and European Rome II as an example. The finalpart mainly introduces the defects of Chinese applicable law of foreign tort andprovides suggestions to improve the defects.