The Applicable Law Of Foreign Products Liability In United States And Their Inspiration To China

As the global economic integration process accelerated , international economic trade increased rapidly, international product liquidity unprecedented expanded, on the basis of the differences in the product liability provisions of the laws of all the countries, the disputes concerning foreign-related product liability increasingly common , it also makes the choice of law concerning foreign-related product liability complicated and diversification. And the conflict of laws concerning foreign-related product liability in United States include not only the legal conflict between the United States and other countries ("international conflict"), but also include legal conflict between its domestic state and state ("interstate conflict"), This makes the the choice of law concerning foreign-related product liability in United States more complicated and characterization. This paper first introduces the theoretical methods of legal application of responsibility of foreign products, detailedly expoundes the application of these basic theoretical methods theory in practice, then analysis relevant cases using the empirical analysis method and comparative analysis method, finally in line with the dynamic status of legal application of responsibility of foreign products, hopes to draw some experiences from the practices of the choice of law concerning foreign-related product liability in United States, perfect the legal application of responsibility of foreign products system for our country.This paper is divided into four parts, the structure arrangement is as follows: The first part expounds the background and theoretical practical significance of researching the legal application of responsibility of foreign products in United States, examines the bases and treaties in legal application of responsibility of foreign products in home and abroad, and a series of achievements and some deficiency in this area,this part provides theoretical basis and guidance for the latter part.The second part detailedly discusses Lex loci delicti, government benefit analysis and the most significant relationship principle that are most frequenctly used in United States when dealing with conflict of laws in product liability cases. This section explains in detail the specific contents and characteristics of the three methods.The third part inspects the practical experiences of U.S. courts dealing with conflict of laws in product liability cases, concluds the advantages and defects of the above theory methods from the perspective of choosing applicable law according to the judge and the sentencing results, the conclusion lays the foundation for the latter part.. The fourth part summarizes the enlightenment for our country. The article 45 of the applicable law of foreign-related civil relations provides a new basis for resolving the conflict of product liability laws,previously quoting single Lex loci delicti. Based on the analysis of the legal application of foreign products liability in United States and our country, we should learn practical experiences from the United States, to perfect our country's legislation, and protect the legitimate rights and interests of consumers.