International Consumer Contract Law Applies

As the development of the international civil and commercial exchange, the international consumption has become common. Consumers and business operators depend on each other, but at the same time contradict each other. In such relationship, consumers are inevitably in an inferior condition and always subject to tremendous risk and damage arising from operators' defraud, cheat, negligence and malicious act which becomes more serious in contemporary industries or so-called knowledge economic society. In such circumstances, how to protect the rights of international consumers is no longer only the mission of the substantive law. The private international law also plays an important role to avoid the right violation of the international consumer.The consumer protect movement began in the 19^th century in the western developed nations. But at present, all nations in the world have legislation related to the consumer protection. As the nations is different in the development level, the consumer protection legislation progress and especially, the policy and the government interests in the consumer protection legislation. So, the job of protection the multinational consumer poses a severe test to the private international law. As a legal department which adjusts of the property relations and personal relationship between equalities, the private international law' fundamental task is to achieve international consumption cases more fair, protect international civil and commercial exchanges and establish a harmonious stable, just and rational international economic new order. The purpose of writing this paper is summarize and analyze consumer protection legist ion of some nations and international organization, and then, analyze the development trend of the application to international consumer contracts, with the contemporary values of private international law.This paper take the method of comparison and summarization to analyze the consumer protect legislation of some nations and international organization, and then, base on the theory of the value orientation of the private international law, analyze the application of international consumer contract, and at last, discusses the rules of the laws of our country that apply consumer contracts and analyses the defects of these rules and make some advice to perfect these rules.This paper is broadly divided into the following sections:In the first chapter, the author defines the consumer, the operator, the consumer contract and the international consumer contract and indicts the major characteristics of the international consumer contract. It is the base of the whole paper.In the second chapter, the author discusses the principle of protecting the interests of the weak in private international law, and indicts that this principle is the direct cause of the special application of laws of the international consumer contract. The author also analyzes the intrinsic links between the principle of protecting the weak and substantial justice, and how it impacts the application of laws of the international consumer contract.In the third chapter, the author outline the general theory of application of laws of international contract, mainly the theory of "unified theory" and "split theory", and identify that this paper is based on the "split theory", and it is only involved establishment and effectiveness of contract. The author analyses the rules of private international law on the application of laws of international consumer contracts by evaluating the principle of "party autonomy" and the limitation of this principle and the application of mandatory rules and the applicable law of the consumer contract when absence of choice of laws. Then, the thesis discusses the rules in international uniform law and private international uniform law on the application laws of consumer contracts. In the end of the chapter, the author makes some advice for the application of the law of the international consumer contract.In the forth chapter, the author discusses the rules of the laws of our county that apply consumer contracts and analyses the defects of these rules and make some advice some advice to perfect these rules.