Study On The Legal Application System On Foreign-related Infringement

The act of tort occupy a very important position in the modern private international law, and has become both the principle and origin of private international law and also a battlefield of theory contest. With the increasingly international exchange and the development of science and technology, foreign-related infringement cases are increasing rapidly. Once the legal conflict occurs, the legal application problem must arise.Since 1950s, the laws application on the foreign-related infringement has developed all the time.Though certain laws have been passed by different countries concerning the punishment for the act of tort, there are many differences in different countries in terms of the constituting elements of the foreign-related infringement, and of whether the actor should compensate, and of the range of compensation, etc. But so far there are few international conventions which are widely shared and signed by most countries in the world. Based on the traditional law application on the act of tort, this paper focuses on the new theories and methods in the legal application on the foreign-related infringement act of tort which involve some flexible and multiple choices of laws, outlook the development trend ,and prob the latest development on the traditional law application on the legal application on the foreign-related infringement.This paper is divided into five chapters. Chapter one to three gives a general overview on the latest development and achievements of the legal application on the foreign-related infringement. Chapter four analyses the legal provisions concerning the foreign-related infringement in the "Model Laws" and "Civil Code (Draft)" in China. Chapter five gives a conception on how to make our legal application on foreign-related infringement perfect.Given that currently China hasn't enacted a uniform code concerning the private international law and foreign-related infringement research and legislation is lagging behind, this paper refers to the advanced international practices and methods and gives personal views on the legislation and laws application concerning the foreign-related infringement. It is expected that the traditional rules and China status and modern trend should be connected in order to manipulate the foreign-related infringement cases fairly and reasonably,.By this way we can catch up with the development of private international law, adapt and serve the economic and society development in our country.