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

As countries trade more and more closely, the multinational consumer has become moreconsumers choose consumption mode. In a market economy the traditional relation, abilityequal negotiation has between consumers and business operators, and in the transactionprocess, the two position is frequently interchangeable, so between consumers and businessoperators may remain equal status. In the modern market relations, the amount of informationbetween the and operator of the master, the professional level, economic strength and otheraspects of the gap, resulting in consumers vulnerable position becomes more and moreobvious, between consumers and business operators have lost the equality in essence. Therising consumer movement to recognize the importance of governments, consumers in theeconomic development, have enacted laws and regulations of consumer rights and interestsprotection, provide direct protection for consumers in the domestic entity law level. At thesame time in the conflict of laws protecting against foreign consumers need to provide specialprotection for the legal interests of foreign consumers, relations between the two sides of thebalance of the contract, the realization of substantive justice of private international law.Cooperate with each other in the substantive law and conflict of laws under the circumstances,the interests of consumers can be fully protected, between operators and consumers canachieve real justice.The general international practice for the application of governing law is to limit thefreedom of expression of the party and provide the high standards of protection to theconsumers compulsively. The "foreign-related civil relations law applicable" was legislatedOn October28,2010("applicable law" for short below) made innovative breakthroughs inapplicable rules of foreign consumer contract laws which is in line with requirements of theinternational private law to pursue the substantive justice. However, the "applicable law" alsoshows deficiencies in judicial practice.This paper analyzes the applicable problems of consumer contracts laws concerningforeign affairs. The first part analyzes the current situation of consumer contracts lawsconcerning foreign affairs. The second part analyzes the characteristics of various patterns inthe foreign countries and finds out the new trends of the development of international private laws. The third part analyzes the applicable problems of consumer contracts laws concerningforeign affairs. Part IV summarizes the problems of the applicable problems of consumercontracts laws concerning foreign affairs, carries out the proposals to the article42of"applicable law" and makes the advice to perfect the substantive law.