Research On Problems Of Law Application Of Foreign-Related Consumer Contract

21st century, with the globalization of the world economy, the phenomenon of cross-border consuming is becoming more and more popular, which raises frequently disputes. Due to the asymmetry of information and the difference of bargaining power between the consumers and operators, consumers are in weak side in the consumer contract relation. The protection for weak consumers in consumer contract involving foreign elements on the level of conflict law has became a most important task of modern international private law. In China, on October28,2010, The Law of the People’s Republic of China on Application of Laws to Foreign-Related Civil Relations was adopted at the17th session of the Standing Committee of the11th National People’s Congress of the People’s Republic of China. The applicable clauses in foreign-related consumer contract law uniquely entitle consumers to choose the applicable law unilaterally, which balances the relationship between the consumers and operators to some extent and which is of active significance to the consumer protection. In order to solve a series of problems raised in the process of actual executing the law, on January7,2013, a judicial interpretation of the law was adopted by the Supreme Court, which focuses on the general problems of the general part and sub-part of the law but does not involve the applicable law of foreign-related consumer contract.Through using the methods of historical research and comparative analysis, this paper will analyze the problem of the applicable law of foreign-related consumer contract from three aspects. Firstly, the scope and legal characteristics of the foreign consumer are well defined, a theoretical and practical basis will be provided. Secondly, by comparative analyzing the laws of different countries or regions, it will find out the new trend of development of private international law. Thirdly, legislation achievements and shortcomings in China are introduced, on the basis of which it will be appropriate to make recommendations to perfect the applicable law of foreign-related consumer contract.