Study On The Developing Direction And Value Orientation Of The Law Choice On Torts

From the 13th century, the choice of tort law had always been an important part of the Europe and America conflict of tort law theories. And there also were many different kinds of theories which come out with the relevant judicial practice before 1950. When the time gets to 1980s, not only the theory in the choice of tort law but also the related practice had all made a big step forward. Until nowadays, it is necessary for us to put the development of Europe and America choice of tort law in order, and then to make an estimation on the compare between traditional theories and modern and contemporary theories. Thus we could reach a conclusion on where does the choice of tort law would go and on what kind of value orientation it would turn to.So this article will be divided into four parts to discuss the choice of tort law. At first, we need to talk about the traditional principles on choice of tort law in Europe and America and then to make the value orientation on the choice of tort law in the same country. And the principles are Lex Loci Delicti, Lex Fori, Double Rules for Regulating the Conflict of Laws and The Rules of Double Actionability. At second, we need to talk about the modern methods in choice of tort law in Europe and America. In this part we not only need to learn about the American Choice-of-Law Revolution but also about the modernization in the theories of choice of tort law in the UK and the civil law countries. At third, to take the two parts we mentioned above as the basic stone, we need to analyze the developing direction and value orientation on the choice of tort law in contemporary Europe and America. At the last part, we need to research the history and practice of China’s choice of tort law, and then to make an imperative consideration and a critical suggestion on the choice of tort laws in contemporary China.