Research On The Application Of Law In Foreign-related Product Liability

Since China’s accession to the WTO,the total volume of foreign trade has been increasing year by year.After China’s accession to the WTO for 10 years,China has become the world’s largest exporter and the second largest importer.In particular,after our country put forward the "One Belt and One Road" strategy,economic development has progressed steadily.In 2017,China’s foreign trade achieved a rapid growth of 14.2%.The growth of foreign trade will undoubtedly generate more cases of foreign product liability.However,for a long period of time,China has not formulated a specific rule of law applicable to foreign product liability.The liability of foreign products is mainly the application of the law applicable to general foreign-related infringement in China’s"General Principles of Civil Law",that is,the law applicable to infringement.It was not until 2010 that China had made specific provisions on the legal application of foreign product liability for the first time under Article 45 of the Law on the Application of Laws Concerning Foreign-related Civil Legal Relations.Although this provision has a remarkable place,it is compared with the international community’s rules on the application of laws concerning foreign product liability,especially the international treaties such as the "Product Liability Law Applicable Convention" and the "European Non-Contractual Obligations Law Applicable Regulations".There is still a need for further improvement.In view of this,I took the topic of "On the Application of the Law of China’s Foreign-related Product Liability" as the topic.By expounding the legislative basis and main characteristics of the legal application rules of China’s foreign-related product liability,I analyzed the main shortcomings of the legal application rules of China’s foreign-related product liability.How to further improve the legal application rules of China’s foreign product liability has started a useful discussion,and we look forward to helping our country’s relevant laws and regulations related to foreign product liability laws to improve and effectively protect the legitimate rights and interests of foreign trade parties and infringers in China.This article mainly includes the following four parts:The first part explains the basic theory of the application of foreign product liability law.First,explain what constitutes product liability.Products in product liability refer to products that have been processed and manufactured.Electricity and primary agricultural products are not products under the product liability law.Second,explain the concept of product liability,that is,product liability,refers to defective or flawed products,or products that do not correctly explain the use and usage,resulting in loss of personal or property of consumers,users or other third parties.,The manufacturer or seller of the product shall be liable for tort liability.Again,the "foreign-related" factors in foreign-related product liability were listed to clarify the scope of foreign-related product liability.Finally,we explain the characteristics of foreign product liability.This kind of product liability has the characteristics of complexity,foreign-related and infringement and particularity of infringement.The second part elaborates the provisions of the law applicable to product liability in international treaties.First,it elaborates the rules and characteristics of the application of the law of product liability as stipulated in the "Convention on the Application of Legal Liability for Product Liability." The Convention stipulates two connecting points that play a dominant role and two connecting points that play a supporting role.The method of overlapping the use of the connection points with the other three points of connection determines the applicable law,grants the plaintiff the autonomy of the laws that restrict the selection of laws,and the foreseen protection rules of the infringer and the applicable law of choice shall not harm the third party.Secondly,it elaborates the rules and characteristics of the legal application of product liability in the Regulations for the Application of Laws on the Non-Contractual Obligations of the European Union.This Regulation regards the principle of the most restrictive connection as the principle of the applicable law for the determination of foreign product liability,and stipulates the level of applicable law.And the foreseeable protection rules of the infringed person.Finally,compare the above two international treaties and explore the reasonable factors that can be used by our country for reference.The third part discusses the legislative basis and basic characteristics of China’s Law Applicable Law.China has separately stipulated rules on the application of laws concerning the liability of foreign-related products,which are mainly based on the objective needs of the production and sales of foreign-related products in China,the drawbacks of the traditional rules on the application of tort law in China’s current state of affairs,and the tort liability,and the relevant legislation of the international community.The legal application rules of China’s foreign product liability have the following basic characteristics:abandon consumers,victims,and people who have suffered harm,and those who are not related to product liability parties;use the reference of the infringer and the infringer;introduce the principle of autonomy of the meaning In the applicable law of foreign product liability,the "Rational Link" method is used to determine the legal basis of product liability,ensuring the rationality and scientificity of the application of the connection point;the infringement can be used to foresee the protection rules and exclude the infringer from engaging in related issues.Infringements of business activities often apply to the law of their place of residence to balance the interests of both parties.The last part is the concept of perfecting the legal application rules of China’s foreign product liability.The site where the infringer purchased the product,the home of the infringed person and the domicile of the infringed party should be added as the connecting point for determining the law governing the liability of foreign-related products,and the law that uses overlapping points to determine the applicable law to increase the choice of law should be added;clearly stipulates that the infringing party can foresee the protection rules,and also include the law of the place where the damage occurred.The introduction of the principle of the closest connection means that the principle of the closest connection should be specified separately in the provisions governing the application of product liability law.While enhancing the flexibility of application of laws,the principle of the closest connection will give judges a great deal of discretion.Therefore,the judge’s discretion should be based on four aspects:legitimacy,rationality,objectivity,and coherence.Restrictions on the principle of autonomy of the infringed person were strengthened,and the law that the infringer chose was not to prejudice the third party or the public interest of the country concerned.