The Law Applicable To International Products Liability In China

Economic globalization has brought the globalization of product and increasingly followed by cases of transnational product liability.Our current concerning foreign-related product liability law applicable legislation started relatively late,before the law applicable law enacted,mainly according to the"general principles of the civil law" the 146th stipulation about tort liability of damage compensation to determine the applicable law.On April 1,2011 began to implement the law applicable law provisions of article 45 of product liability law of the place by the infringer are often the first dwelling;If the patentee elect in alternative to apply the rate of infringement law,damage occurred in the business,or where the patentee often residence when the infringer did not engage in relevant business activities,the court should apply shall be governed by the laws of infringing business has come to law or damage occurred.In terms of substantive law,product liability law is weak,too.In addition,our country also did not join any international convention.Although the act of applicable law on the legal application of responsibility of product made after a new regulation,but the current state of legislation in the whole growing still cannot meet the current needs of foreign-related product liability cases.Many foreign products in China after quality problems of our country some consumers and buyers can not to safeguard the legitimate rights and interests of oneself very well.In view of this,The author based on the concrete practice of foreign product liability in our country,from the actual cases to find the problem.Through the collection and sorting of related cases,understand in such a case to the court of both qualitative and applicable law has some problems,such as part of the judge not to choose the applicable law thinking through conflict law,on the choice of applicable law blindly towards oneness Chinese law is applicable law and so on.In order to perfect the legal application of responsibility of foreign products,to protect the interests of the parties in the foreign-related product liability,the author believes that our country should consummate the conflict law and substantive law concerning foreign-related product liability legislation,further perfecting the foreign-related product liability laws applicable connection Settings,improve the party autonomy,exclude the defendant unforeseen principle and the weak interest protection principle.