Study On Application Of Law About International Products Liability

During the process of economic globalization and with the development of international trade, products liability disputes have been progressively increasing. In this paper, comparative analysis is made on the differences of the law application rules of products liability between China and other countries. Relating theories and practices in foreign countries are discussed so that more research materials could be provided to Chinese scholars in this field. At the end of 2010, Chinese legislative authority just made a law on law application rules of international products liability. However, when a closer inspection is made, many deficiencies could be found in this law. This paper criticizes this law and provides suggestions, so that the private international law system could be more developed.The first chapter is about basic theories on law application rules of international products liability. After explanation of relative concepts, legal resources of international products liability on both substantive law and conflict of laws are introduced. With an example of the United States, the origin and development history of the concept products Liability are interpreted.In the second chapter, comparative analysis is made on the differences of the law of products liability between predominant countries and international conventions. The origin, representation and solution of law conflicts of international products liability are also discussed so that the development tendency of the substantive law could be summarized from different aspects of conflict of laws.Chapter threer discusses law application rules of international products liability. First of all, law application rules of general tort behaviour are analyzed because traditionally products liability is regarded as general tort liability. Secondly, legislation and practice of international organizations are discussed. At last, this chapter introduces self-examination and latest development of common law system and continental law system on their law application rules. Their value and development tendency is also analyzed. The historical development of the Foreign-related law application rules of products liability in China is reviewed in the fourth chapter. Based on pointing out the deficiencies of the present laws, this chapter analyzes and criticizes the relative clauses in the coming law of Application of Law for Foreign-related Civil Relations of the People's Republic of China, analyzes the points to be improved, and provides constructive suggestions.