Research On The Application Of Law Of Japanese Foreign-related Consumer Contracts

Consumer problems have become serious and complicated.With the outbreak of scale,special protection for consumers has gradually become the consensus of the international community.With the rapid development of economic globalization and cross-border consumption,foreign-related consumer contracts have gradually become normalized.Because foreign-related consumption behaviors will be associated with multiple countries,domestic consumption legislation obviously cannot meet the requirements of foreign-related protection,which requires countries in conflict legislation.On the other hand,the principle of protecting the interests of the weak should be the principle,and special provisions and preferential protection should be made on the legal application of foreign-related consumer contracts.Firstly,this thesis introduces the concept and scope of foreign-related consumer contracts,points out the special status of consumer contracts,reveals the necessity and reasons for special protection of consumers,and explores the vulnerable status of consumers and the internal meaning of the principle of protecting the interests of the weak.Secondly,focusing on the specific provisions on consumer contracts in Article 11 of the general principles of the application of law,this thesis analyzes and discusses the legislative status of foreign-related consumer contracts in Japan from the aspects of subjective connection points,objective connection points and exceptions to consumer protection,explores the determination process of specific provisions,and analyzes the legal principles,advantages and disadvantages behind them,Summarize its advantages and irrationalities.Then it mainly introduces the current situation of judicial practice of foreign-related consumer contracts in Japan,explores the specific application of Article 11 of the general principles law in practice based on specific cases,analyzes and summarizes the legislative and judicial practice problems reflected behind it,on the one hand,summarizes the legal provisions that are not suitable for the development of practice,and defines the direction of legislative improvement,On the other hand,it summarizes the practical problems behind legislation to promote the improvement of foreign-related judicial level.Finally,from the perspective of Sino Japanese comparison,this thesis summarizes the above legislative and judicial experience of Japan,combined with the actual situation of China’s legislation and judicature,explores the problems of China’s applicable law on foreign-related consumer contracts,learns the advanced experience of Japanese legislation,draws lessons from Japan’s failure,and makes clear direction and suggestions for improving China’s relevant systems.