International Product Responsibility Legal Problem Research

With the fast development of the global economy and the highly advancement of science and technology, and with the renovation of production style and the improvement of the public consumption capacity, the trades between countries become more and more frequently; Therefore, some new questions are showed in the trans-territory cases on product liability, Some countries, in handling this kind of transnational product liability cases that jurisdiction, and products associated with the other countries or regions made a similar request; Thus for such product liability should apply foreign laws, which are applicable law, there are also great differences. How to resolve such transnational product liability litigation has become a field of private international law and a new issue by the national legislation and judicial practice attention. Under this circumstance, China has no regulation particularly aiming at the application of law on foreign product liability while many developed countries have made special law. Till now, the principle for the application of law on tort behavior is still adopted to settle cases of foreign product liability in China, which simplifies and distorts the choosing of the law applied in the more complicated cases, also ignoring and hiding other related elements more important and closer to the cases For example: (a) When the product liability tort occurred in a foreign country, according to the law and acts constitute infringement China and France, a country which should be applied to determine the legal liability of the parties?( b) When a Chinese consumers buy foreign products caused harm, courts can act according to law and the application of foreign law, the Chinese victims receive a higher compensation?(c) If the product liability parties in the case are foreigners, the case is before the courts in China to be applied in China and France is justified? These questions make a more urgent request for the establishment and improvement on China's foreign-related product liability legal system. To this end, make a rule of the foreign product liability to meet the needs of the times, to address the production of highly developed technology community how to effectively protect social security and social justice issues, the full protection of the consumer's personal and property rights, in particular the public's right to life and right to health, of far-reaching significance major.