The Study On The Application Of Law In International Product Liability

Under the impetus of the economic globalization,international trade becomes an important component of the national economic.As one of the significant parts of the international trade,international product liability gained more and more social attention which is based on its attention on both public interests and personal interest.But due to the multiplicity of the substantive law,resolving the international product liability conflicts is mainly depending on the related conflict rules in the absence of unified substantive law.This thesis analyzes the trend of the application of law's development,compare the domestic and international experience in the relevant legislation, analyze the legislation design in different countries by comparison in a comparative and empirical way,through which the author try to make a proposal to perfect the relevant legislation and find the optimal legislation design in China.This thesis is composed of five parts:The introduction briefly introduces the objective of this thesis,the theoretical significance and the research in related fields,as well as research methods at home and abroad.Part one is a brief presentation of the application of international product liability law.this part reveals the actual causes of the product liability conflicts from three aspects.The conflicts of law formally derive from the different understandings of the definitions,for example,the definition of product,defect,damage etc.The direct cause is the conflicts of interet between different countries,which reflected at macro level between developed and developing or less developed countries.The basic reason is the different value orientation,for instance,justice and efficiency.Furthermore,this part also introduces two basic methods to solve the international product liability conflicts,that is,direct adjustment method and indirect adjustment methods,as well as a brief analysis of the two methods.Part two introduces unificationary activities of the international private law of product liabilities and the international legislation in practice.this part mainly present the results of the unificationary activities,that is,"Convention on the Law Applicable to Products Liability"and"Regulation on the Law Applicable to Non-contractual Obligations",as well as the related international private law rules about the other typical countries such as the United States,Switzerland.This part mainly analyzes the two conventions,and assesses the legislation of the other countries in practice,in order to pave the way for the following part.Part three concludes the above to make a conclusion about the recent development of the international product liability.This part analyzes the development from three aspects.First of all,it introduces the historical development of the doctrine of liability fixation of product liability.Then it reveals the development of the applicable principles from the initial tort law principle to the flexible modern applicable principles.At last,it analyzes and assesses the development and superiority of modern legislative technology.The last part mainly research the legislation in China and the relevant legislative provisions which academics and practitioners prepare to brew.Also,it points out the inadequacies of our legislation based on the foregoing analysis,and assesses the advantages and disadvantages of different legislative design by comparison.Besides,it answers the question that whether China should accedes to the Convention on the Law Applicable to Products Liability.And make a proposal that we can participate in the formulation of rules of regional convention on the law applicable to product liability.At last,it makes several legislative proposals that suited to China's national conditions.