Study On The Jurisdiction And The Application Of Law Of The International Consumer Contract

Into the 21st century, with the globalization of economics, prosperity of international trade and the increasing mobility of the population between countries and regions, popularity of internet emerges a new consumption patterns, and international consumption has become a very common phenomenon. However, it is difficult for the consumers to contend with the manufacturers and vendors during the transaction due to the discrepancy of economic strength, knowledge, accessing to information and experience in handling disputes. The disadvantage position of consumers is increasingly highlighted, which makes them assume increasing risks in cross-border transaction. In this situation, how to strengthen the protection to the international consumers has drawn attention of national legislation and judicial practice and rule coordination of the international community. Lots of efforts has been made to avoid the conflicts and difficulties of the international consumer protection due to the differences in substantive law relating to consumer protection in order to promote international civil and commercial exchanges, and to build a just and reasonable new international economic order.This thesis gives a comparative analysis of the domestic legislation and international conventions of countries in the world on international consumer contract rules about jurisdiction and applicable law utilizing induction and comparative analysis method, considering the general theory of jurisdiction and applicable law on international contracts. Meanwhile, this thesis gives several suggestions on establishment of international consumer protection legislation in China. The thesis is structured as followed: First chapter, several concepts are described. The concepts of consumers and international consumers and the reasons to protect cross-border consumers are discussed. Also, the meaning of consumption contracts and international consumer contracts is analyzed.Second chapter, the meaning of research on international consumer contract case is described. The basis to determine jurisdiction of international consumer contract cases by national domestic legislation and relevant international treaties has similar section, however, the differences are significant. Causes and situation of conflict on the international consumer contract cases are analyzed. Especially, the legislation of national and international conventions on jurisdiction of international consumer contract is analyzed comparatively.Third chapter, the general theory and principle of international contract law are described. The different requirements of domestic legislation and international treaties on substantive and form issues of international consumer contracts, and litigants' capacity to conclude treaties are analyzed specifically.Forth chapter, disputes of international consumer contract on internet business are discussed. Due to the inherent virtual and cross-border natures of internet, the traditional jurisdictional rules and realistic applicable law face the unprecedented impact and challenges, which causes more and more attention to national legislation, judicial practice and international community rule coordination? Especially, rules of domestic legislation and international treaties on the internet consumption contract jurisdiction and applicable law are analyzed.Fifth chapter, current situation of legislation on international consumer contract jurisdiction and applicable law is described, and the legislation defects are indicated in China. According to the current exploration of legislative practice and the new theories in the countries of the world, considering the specific conditions, the possibility and reality of legislation on consumer contract jurisdiction and applicable law are analyzed and discussed, and the specific suggestions are proposed.