Thinking On Improvement Of China's Choice Of Law System In The Field Of Foreign-related Product Liability

With China's taking part in the world division in depth,she's legislation and judicial practice faces unprecedented challenges and opportunities in the field of foreign-related product liability.Based on the analysis of American and European legislations,precedents and theories,this article conducts comparative study on their conflict of laws in the field of product liability within a theoretical framework.The framework is made up of foreign related product liability's particularity and complexity as well as its legal value.With the comparative study,this article hopes to offer some suggestion to improve China's applicable legal system in the field of foreign-related product liability.The paper is composed of preface,text and conclusion.In the context of the internationalization,the preface introduces the challenges to which China's choice of law system in the field of foreign-related product liability has to face,and points out the urgency to improve the above said legal system.The text is constituted by the following three chapters--Chapterâ… points out the urgency to improve the choice of law system in the field of foreign-related product liability through observing China's recent judicial practice in the upper said field,Chapterâ…¡analyzes the First Restatement of Conflict of Laws and the Second Restatement of Conflict of Laws as well as traditional and modern methods and rules of choice of law.This article analyzes Both America and Europe's precedents on micro level as well as their judicial practice and theories on macro level.This chapter focuses on the comparative study of Europe and the United States' recent legislation and judicial practice to find out their similarity and difference in subjective and perspectives of choice of law and the reasons which contributes to the similarity and difference within the theoretical framework that is constituted by foreign related product liability's particularity and complexity as well as its legal value.Chapterâ…¢discusses China's choice of law system in the field of foreign-related product liability based on Europe's and the United States' legislation and judicial experience and lessons.First of all,this chapter analyzes the shortcomings of current legislation and the causes within the theoretical framework that is constituted by foreign related product liability's particularity and complexity as well as its legal value.This chapter focuses to offer some suggestion to improve China's choice of law system of General civil law and Draft of Civil Code in the field of foreign-related product liability based on Europe's and the United States' legislation and judicial experience and lessons toThe conclusion discusses ways to improve the choice of law system system in the field of foreign-related product liability in the context of China's fast globalization to pursuit the harmoniousness of certainty and flexibility and the balance of claimant's profit and respondent's profit...