On Resolution Of Conflict Of Laws Of International Product Liability

This thesis starts with the first product liability case of a Chinese citizen against an American company, through which we obviously notice the limitations of China's foreign product liability law system. Two ways are proposed to solve the problems: one is to meet the international criteria substantively and the other is to improve the applicable law system. This case is only one example of its kind which reflects the common conflict of laws of product liability. With the uniform international product liability law to be formed, the applicable law is still the most effective way to solve the conflict. In this chapter we also analyze the cause and the nature of the conflict. The reason for such academic research is to lay out the fundament to solve the conflict.In the second chapter, we analyze the first way to solve the conflict----from the perspective of applicable law system. The international applicable law system for product liability started traditionally from Lex loci delicti, and later on was supplemented by Lex fori and Lex personalis. But due to the limitations of Lex loci delicti, and the unique character and value of product liability law, the applicable law in this field has undergone a rapid development. New applicable law principals such as Autonomy of will, the Most Significant Relationship and the Law favorable to the plaintiff are widely accepted. Meanwhile, how to construct a thorough system of applicable law of product liability becomes one of the most discussed issues in international product liability law.In the third chapter, we analyze the problem from the aspect of substantive law. It is widely considered that the uniform international product liability law is the final development of solving the conflict of laws in this field. Based on the international legal practice and deep analysis of the possibility and necessity of the international product liability law, we conclude that the outcome of the uniform international product liability law is foreseeable. After China's entry into the WTO, it's urgent now for us to meet the international criteria in this field and try to make our own voice in the coming international product liability law legislation.From an international prospective, we are able to work out a better way to improve our foreign product liability law system. So far, to improve our applicable law system turns out to be more practicable. So in the last chapter, we focus on the reconstruction of China's applicable law system. Article 86 of chapter 9 of China's Civil Code (draft) provides us with a draft model of applicable law concerning product liability. We will have deep analysis of this provision and put forward suggestions to improve it.