The Research On The Private International Law Of The Multinational Network Consuming Contract

Since the 21 st century,with the continuous development of economic globalization,the state and the country’s economic ties more and more close,each country’s product sales market continues to expand abroad.The rapid development of the Internet to cross-border network consumption has become a new consumer model,and more and more consumers of all ages.The traditional cross-border consumption patterns require consumers to buy their own goods and services to foreign countries,and cross-border network consumption only need consumers in the computer before they can buy their own goods and services,not only saves consumers time savings The cost of shopping for consumers.However,the rapid development of cross-border network consumption is behind the emergence of more and more multinational network consumer contract disputes.Traditional cross-border consumer contract disputes to determine the jurisdiction of the main basis for human connectivity and territorial connection points to choose the jurisdiction of the court,However,due to the virtual nature of multinational network consumer contract and global and other characteristics,cross-border network consumer contract disputes are often linked to many countries or regions of the court,and which country’s jurisdiction,which is the focus of each country Research questions.Not only the legal application of such transnational network consumer contracts and the extrajudicial recognition and enforcement of court decisions are also important issues to be faced by each country.This paper first discusses the conflict and solution of the contract disputes of multinational consumers in private international law,and then points out the difference between the application of the law in the application of the contract and the general contract law,and the application of the network consumer contract in the application of the law Special issues,and finally the judgments of the recognition and implementation of national legislation and other comparative analysis,and China’s cross-border network of consumer contract decisions outside the recognition and implementation of their own ideas and suggestions.the article is mainly divided into five parts:The first part is the introduction,taking the background of the cross-country network consumer contract as the background,analyzes the purpose and significance of this paper,introduces the domestic and foreign scholars on the main idea of cross-country network consumer contract,and the main method of research and content With the innovative point of the description.The second part is an overview of multinational network consumer contracts.On the basis of the explanation of some problems of the Law on the Application of Law Concerning Foreign Relations,the transnational network consumer contract is defined and analyzed,and the characteristics of the electronic nature of the virtual,global and contract subjects are analyzed.The third part is multinational Network Consumer Contract Jurisdiction.This part discusses the conflict of jurisdiction of transnational network consumer contract,mainly including positive conflict and negative conflict,focusing on the solution of the conflict of jurisdiction,and finally through the three typical cases of the United States to determine the basis of the new theory of jurisdiction.The fourth part is the application of the legal application of the transnational network consumer contract.This part discusses the difference between the application of the foreign consumer contract and the general consumer contract law and the special problem encountered by the transnational network consumer contract in the application of the law,Put forward perfect measures for the application of the law,at the same time on our application of laws on the legislation made some of their own recommendations.The fifth part is the recognition and execution of the multinational network consumer contract judgment.This part analyzes the legal basis and the examination standard of the recognition and execution of the foreign contract of the cross-country network of consumers,and puts forward their own suggestions on the recognition and implementation of the verdict on the outsourcing contract of the transnational network by combining the recognition and execution of the foreign judgment.