On The Foreign Personal Tort Law Applies

The legal ideal of modern society pays more attention to protection of personal rights. This is the inevitable requirement of the development of human society to a certain extent. With communication abroad become more frequent, foreign-related personal torts cases have also become a kind of common cases in China. Therefore, the study of the application of law rules in foreign-related personal torts is of great theoretical and practical significance.Application of the law in foreign-related personal torts embodies the contemporary the major characteristics of private international law. We would like to discover the current status and the development trend of private international law through this window. In this article, the historical method, comparative method, sociology of law, the case study method is used to research the foreign-related personal torts of the applicable law on the issue. On this basis, analysis the shortage of the relevant provisions, and give some advice for improving the personal torts of China's foreign-related legal rules applicable.This article consists of four parts:The first part consists of two small parts. First, outlined the personal rights and personal torts, compared torts of personal rights violations and violations of property rights violations is different. Secondly, analysis the reason of foreign-related personal torts caused, introduced a foreign personal violations of international private law the need for an adjustment. Finally on the physical research related to the significance of the law violations. The second part reveals that foreign-related personal torts performance of the major conflicts of law. Foreign-related-related personal torts on the connotation and extension of a requirement attribution principle, the principal, damages, and five aspects of the conflict-of-laws were introduced.The second part is the foreign-related personal tort law applicable rules and the determination of the applicable research. Foreign-related personal law applicable to the determination of rules violations related personal divided into the traditional tort law applicable to determine methods and related personal torts improved methods of determining the applicable law. Foreign-related personal torts on the law applicable to the context of historical development, respectively, for acts of law, the law of the forum, mixed applicable law, the most closely linked to the law, party autonomy, and other methods for determining the applicable law is studied. Highlighted determine the applicable law, from a single, machinery to flexible, open development process. And the foreign-related personal tort law applicable to the application of a detailed explanation and put forward the law applicable to foreign-related personal tort cases can not be applied to the views of all the problems.The third part introduced the foreign-related personal torts on the reunification of the applicable substantive law. First of all, on a personal torts of international aviation law unified entities, including Warsaw system, the 1999 Montreal Convention on the passenger personal injury damages and the Rome Convention on the system of foreign-related aircraft to the (water) of the third person personal injury compensation requirements. Then, the author introduced the 1974 Athens Convention and agreements, the 2002 Athens Convention relating to foreign-related visitors personal injury sea compensation. Reveals a unification of the law of the foreign-related personal torts is consistent with applicable law development trend. The modern legal systems protect the life and health of people.The fourth part researches on the relevant provisions of China, pointing out the Inadequacy of "General Principles of Civil Law" and the related judicial interpretations on personal torts of the provisions of inadequate. In conjunction with national legislation and the development direction of foreign-related personal tort law apply to China, and have some suggestion for improving Foreign-related personal torts on the legal rules applicable.