Research On The Protection Of The Rights And Interests Of The Weak In The Field Of Foreign Product Liability In China

In modern society,with the flourish of science and the convenience of transportation,the economic exchanges between people of different countries are not only just a possibility,but a necessity.The booming trade brings a group of weak people who need the special protection of law.As the consequence,the application of laws has been developed as well,shows necessary concern on the weak party.Modern law demonstrates the human value,concern the essential justice in the protection of the interests of the weak party.The article 45 of this law prescribes the application of law in product liability suits,embodies the protection of the one who are hurt by the damaged product.In this article,the basic issues is the defining of the weak in the product liability area,shows the practical significance of the protection and summarizes legislative mode of foreign countries which can be applied to domestic legislation.It emphasizes on the article 45 in The Law of the Application of Law.Through the study of this article,finds the problems in the legislation of the protection of the weak in the product liability suits.In the last part of the article,proposes the solutions to the problems mentioned above.Use the measures of defining the concept of the weak and extending the scope of it,perfecting the legislation and regulating the free judgment of the judges to improve the protection to the weak in the foreign-related product liability suits.