Construction Of The Choice-of-law Rules In Tort Conflicts Area

Tort conflicts is one of the important areas of private international law. With globlization of economic, marketization and informatization, tort conflicts becomes more and more complicated with the reason of transnational mobility about human and information resources and so on. Tort conflicts in the USA struggled in the process of development, whitch was from the traditional rule of " Place of Wrong" to application of " the doctrine of the most significant relationship" and then to concern on " rules". At the same time, tort conflicts developed slowly and moderately with the influence both from traditional theory and " Conflicts Revolution" became in the USA Several values become reconciled and diversification of methodology appeared in the area of tort conflicts. The rules of tort conflicts in our country are quite roughness compared with the tendency in the area of tort conflicts in the whole world. It is with very important theory meaning and realistic significance to reserch the construction of reasonable rules to resolve international tort disputes smoothly when values agree with each other.In this article, the histoical methods, camparative law methods, normative analysis and positive analysis are used to research the problems in the choice-of-tort law rules in the basis of multi-values and diversifide mothodologjes, the development status of tort conflict in the USA and some countries in Europe, the value orientation and deficiency of tort conflicts in our country and advices to construct new type of reasonable choice-of-law rules in tort area. There were five parts in this article:The fist part was consist of three segments. First, the concept and the characteristic of value was outlined and pluralism of values consist of order, liberty, equality and justice. Secondly, the concept of order,liberty,equality and justice and the status of them in tort conflics was introduced. The last segment revealed that " formal justice" and " substantive justice" co-existed in the value orentation of tort conflicts, and the reasonable rules shoud be construced when muti-values agreed with each other.The second part discussed the pluralism of methodologies. The concept of nomative -positive analysis, individuahsm-integrationism method and the relationship between them were introduced. The following words pointed that all the methodology talked above had tool meaning in the act of legislation and only with the guidance of pluralism of methodology can make construction of reasonable rules comes true.The third part was the most important part in the whole article. It examed the value orientation and methods comparatively in the USA and in Europe. This part firstly discussed the traditional rule of " Place of wrong", the Second Restatement and the draft of choice-of-law rules in tort area for the Third Restatement. Secondly, the value orientation and methods of tort conflicts in Switzerland, the Great Britain and Germany were analysised. Finally, it pointed out that value orientation in different countries became compromised and the tendency of tort conflicts which turned up with the standardization of " the doctrine of the most significant relationship" and intensively used of " the principle of autonomy of will" which could be draw lessons from during the construction of new type rules.The fourth part researched on the deficiency of the choice-of-law rules in tort area of China, pointing out the necessary of the guidance of pluralism methodology and values.In conjunction with national legislation and the devolopment direction of tort conflicts, some suggestions for improving the construction of the choice-of-law rules.At last, it stressed the fundamentality of the guidance of pluralism methodology and values. At the same time, it was very important to use the reference of advanced legislation experiences of choice-of-law rules in tort area to complete this complicated project.