Research On Applicable Law Rules Concerning Foreign-related Product Liability

The traditional conflict rules make a particular legal relationship to relevant legal family by setting the"single connection",following the rule of appropriate legal family law is the proper law" judges tend to take a neutral attitude to all the content and the results of the applicable law.To a certain extent,the "blindfold rule"limits the exercise of the judge’s discretion and hinder the formation of fair and reasonable decision.This thesis analyze "the choice theory"of the end of the 20th century in United States,reveals disadvantages that exist in the applicable law under the guidance of "conflict justice" in solving the problem concerning foreign-related product liability,and then start the research of "material Justice".Compared with the traditional conflict rules,the "material justice"extend consideration of choice to the effect of the applicable law and believe "that can lead to fair and reasonable results is the right law".It pays more attention to the application of law and make this effect as a guide to the pursuit of the real appropriate results.Nowadays,under the circumstances of the case in more and more complex situation, the rule of conflict under the guidance of "material justice" has a high value.On the problems existing in the application of law of foreign product liability in China,the author believes that in the legislative level,we should appropriately increase the number of connection points,it also has great significance on the improvement of concrete concepts and introduce the principle of "protecting the interests of the weak",so that we can provide more space for the "choice of law".At the practical level, the judges should gets rid of the "dependence on the path", and makes full use of the right of discretion and consider more about the interests of the policy in the judicial practice.