Concerning The Rule Of Double Actionability And The Choices Of Our Courtry’s Legislation

Tort law concerning foreign affairs in the field of double can accusethe earliest dates back to British rule, it not only in the establishmentof the British foreign tort law played an important function, but alsoon other common law countries deal with foreign cases of infringement ofthe role of a demonstration, enough to make the rules at the time we seein social practical value. However, the rule in the affected Britain andother common law countries for more than100years later, many countries,it is on the path of reform. Most of them think double can accuse rulesis the arises at the historic moment, have significant effects, but asthis100years the baptism of the time, the rules themselves showing thatmany times, practice and does not tie the drawbacks. In view of this, theUnited States in the20century on the road of the reform, through theintroduction of modern conflict rules, such as the most significantrelationship principle, etc to circumvent double can accuse rules ofdrawbacks. In fact, double can accuse rules established so far from thebeginning of, according to its debate never calm, some countries all overthe world, the legal scholar from a variety of different law benefit basedon double can accuse appraisement have been mixed. On the complexity ofthe international situation, China’s foreign legislation forinfringement exactly where to go? At present our country following thecivil law of the People’s Republic prescribed in article146of the doublecan accuse rules after, on the foreign tort laws to be suitable and havenew breakthrough is the law of the People’s Republic of foreign-relatedcivil relationship law applicable law, the overall from the comparisonof the regulations in place, but from on April1,2011, still show stiff,and operability is not strong. This paper is a comparative analysis ofthe value analysis and the combination of methods, tries to internationalrules about double can accuse development course and the advantages anddisadvantages of the existing thinking, analyzing classification summed up double can accuse rules of the problems and solve the problemsconcerning foreign affairs or foreign nationals abroad infringementachievements of, through to our country the foreign tort policies,measures and legislation, the social situation is introduced to analyzethe existing legislation in our country there are some drawbacks,excellent foreign experience on the basis of reasonable reference, thepaper puts forward Suggestions of maneuverability, in order to bettersolve the tort law concerning foreign affairs of the problems existingin the field, to fill in blind area, make the legislation moreforward-looking and certainty, operability, which better reflect socialequity and justice, to safeguard the legal rights of the party.