Concerning The Improvement Of The System Of Law Applicable To Foreign Product Liability

The development of world economy integration makes the fluxion of products with the international character. China’s overall national strength has risen by a big margin. Since2005, join World Trade Organization as our country, domestic company blended in world economy spring tide increasingly. China has a high profile in the tripartite division of world productive forces. The products made in China around every corner of the world, firmly occupy the "world factory" throne. And China national consumption capacity also continues to grow at an alarming rate, namely Chinese consumers’ purchasing foreign products power is rising. China and the other countries and regions’s economic and trade is growing prosperity, especially the rapid growth of foreign trade, which promotes the development of China’s economy market, but also brings new problems. The product flaw has inevitable characteristics, which can inevitably lead to the tangles of international products liability. Foreign-related Product liability cases concern the interests of all countries around the world, and the legislation of product liability is not the same, which are brings great opportunities and challenges for the legislation and the practice in China. Therefore, the related provisions of applicable the law is a key.The legal system and judicial practice of China Foreign-related Product liability are relatively backward than the developed countries around the world, with big problems existing in Foreign-related Product Liability Legal applicable rules, Specific provisions of the applicable law, transformation wih "Convention on The Law Ap-plicable to Prodaces Liability". This makes Chinese enterprises and Chinese consumers at a disadvantage. This article attempts from Toshiba laptop and Toyota recall events, sorting out some issues of applicable law concerning foreign-related product liability in our country.In addition to the preface and epilogue, this article contains four parts:The first chapter gives the definition of the responsibility of foreign products to do detailed introduction, origin, nature and characteristics, in order to lay the foundation.The second chapter, from the analysis of two cases, lead to thinking of law applicable to foreign product liability in our country, pointed out our country law for the defect of present situation and the insufficiency, the applicable law, and docking with the international convention.The third chapter, introduces related foreign legislative experience, this paper summarizes principles of foreign-related product liability laws applicable.The fourth chapter make analyses of the legislative value orientation, the improvement of the applicable law, the use of the most significant relationship principle, etc., put forward to perfect the system of law applicable to foreign product liability in our country are suggested.