On Applicable System Of Law Concerning The Liability Of Foreign Products In China

During recent years, Chinese consumers are frequently infringed by foreign products, but now laws and regulations concerning the liability of foreign products in China are still relatively backward compared to developed countries, all of the relevant substantive, procedural and the rules of conflict laws, have to be further improved. This has led to the result that many Chinese consumers infringed upon foreign products cannot get remedy in China's courts; and because of the lack of the relevant provisions, the trial court in such cases is also helpless. This article study the choice of law of foreign products only, hope to according to the analysis of foreign-related legislation and theory, could be referenced of the relevant legislation for future, and thus could protect the consumers infringed by foreign products in our country. Through discussion and analysis of this article, and learn from foreign advanced theory and practical experience, the relevant legal provisions proposed to do as the following:damages of product liability, when the place of doing wrong in the same time is the direct victim's residence and habitual residence, or the domicile of the infringer, or the place where products directly sold to the victims, apply the law of tort. If the direct victim's residence or habitual residence is at the same time r the domicile of the infringer, or place where products directly sold to the victims, the damages of product liability, can also apply to the law of the domicile or habitual residence of victim's. The law of tort, including the law of implementation of the tort and the law of result of a tort, if those laws are different, chooses the applicable law by the plaintiff, unless the perpetrators can prove that their products enter the applicable law through commercial channels without his consent.