The Comparative Research On The Foreign Tort Conflict Law In China And Eu

As we passed the Law of Law Application of Foreign Civil Relations in October28th,2010, the relative area in the framework of international private law again hits the headlines in educational circles. The Law of Law Application of Foreign Civil Relations mainly contains regulations about Foreign-related torts in its chapter6which not only absorbs general principles, but takes the other principles as supplementary breakthrough as well. European Union, the leading regional economic integration in the world, issued a similar law in2007which is called for short Rome Ⅱ (Regulation). By now, Rome Ⅱ has been existed for5years. Rome Ⅱ is a great achievement in the area of international private law which relies on the accumulation of advanced ideas of law and legislative techniques. The two laws are current applicable foreign tort conflict laws in China and EU.We begin with the legal conflicts in foreign torts domain between China and EU, by contrasting and analyzing the common principles in the two relative laws in China and EU, we find out their differences, realize the further reason behind them and demonstrate relative value judgment. Therefore we can know the enlightenment the Rome Ⅱ brings us and how we can improve our law with the enlightenment. Our analysis will contribute to the development of our foreign torts law framework in this way.