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

With the development of economic globalization, more and more convenient transportation, the Internet technology by leaps and bounds, frequent multinational consumer behavior, multinational consumer way diversification, the trend of the consumer rights and interests protection be complicated. In the process of foreign consumption, international consumer contract plays an important role, directly related to the consumers’ rights and interests can be guaranteed. Currently recognized consumers have weak position in the world, countries at the same time of constantly improve its own consumers substantive law norms, has many countries legislation and cases in conflict with substantial justice value as the guidance, the introduction of the weak benefit protection principle, the establishment of a flexible connection point, and using the mandatory standards provide consumers with the minimum protection standards, to promote fairness and justice of legal application results.Conform to the trend of the development of private international law in our country, to make efforts to improve the consumer contract conflict rules in the formulation and implementation of the foreign-related civil relationship between law applicable law, in many ways reflects the openness of our country law applicable law and progressive: will foreign consumers singled out in the contract from normal to a foreign related contract according to the particularity of international consumer contract, special provisions of international consumer contract law applicable rules, on the basis of respect for private law autonomy, considering the weak position of consumers, especially give consumers unilaterally legal options, some countries have banned foreign consumers than this contract the practice of party autonomy, open; For the first time use \ "often place for consumers to\" the join point, in line with the trend of private international law, at the same time embodies the protection of consumers; But, by comparing the international legislation and cases in other countries, will find that the applicable law of international consumer contract in our country also has many problems, lack of party autonomy principle feasibility still need further perfect, there is no distinction between active and passive consumption, only through a connection point to guide, may lead to legal application results against some consumers.