Protection Of The Interests Of The Weak In Law Application Of Foreign-Related Products Liability

More and more foreign-related products liability disputes came into being with the booming of China’s international trade. In these cases, victims cannot be in equal statues with the producers and sellers of products and thus it is difficult for them to defend their rights,because,they are inweak position in financial strengthcomparingwith the other parties.Traditional private international law mainly focus on conflict justice. While also focusing on conflict justice,private international law in modern times enhances the pursuit of substantive justice to achieve the legal results.In the application of laws about foreign-related products liability disputes,because of the inequality in the status of producers and sellers and victims of products,we must take tilt protection of the “weak” to achieve the fairness and justice of the law. From the perspective of the protection of interests of theweak,this paper studies the law application of foreign-related products liability.The introduction section puts forward the purpose and significance of the study firstly,and then analyzes the domestic and foreign scholars’ research status and finds that there still lacks academic researches about the law application of foreign-related products liability from the perspective of the protection of the interests of the weak.Thefirst part is to discuss some of the concepts of this paper.Firstly,it defines relevant concepts about the law applicationofforeign-related products liability.Then gives the definition of protection of the interests of the weak.At the end of this part, it introduces the definition of the “weak” in foreign-related products liability disputes.The second part illustrates the Jurisprudence basis of the protection of theinterest of the weak in the law applicationofforeign-related products liability. As one of the issues of private international law application, the law application of foreign-related products liability needs to realize its humanistic concern and substantive justice.To receive both humanistic concern and substantive justice in the law application of foreign-related products liability,we should introduce and carry out the principle of the protection of the interests of the weak.The third part studies application of law practice of Convention on the Law Applicable to Products Liability(The Hague) and the European and American countries and regions’ products liability law,including their theories and rules.It also analyzes the pros and cons of the theories and rules to the protection of the interests of the weak in law application of foreign-related products liability.The last part studies legislation regulation of China’s law application of foreign-related products liability,analyzes pros and cons of its protection of the interests of the weak, but mainly about the cons.Combined with the practice of foreign countries and the relevant regulations,my personal corresponding reflection about our country’s law application of foreign-related products liability is put forward from the perspective of the protection of the interests of the weak. The principle of protection of the interests of the weak, trend of the development of private international law,shows great advantages in achieving substantive justice and catering to the need of fairness and justice of law while achieving conflict justice in private international law.Carrying out the principle of protection of the interests of the weak in law application of foreign-related products liability is of great benefit to making China’s international trade prosperous and flourishing.