Research On Rules Of Law Application Of Foreign-Related Consumer Contract

Along with the gradual development of the global economic integration,the growing and popularity of civil transactions across national boundaries,the foreign consumption phenomenon is increasingly frequent,at the same time,enjoying the global shopping convenience,the number of disputes and contradictions of foreign consumption rising accordingly.To better solve the foreign consumption disputes and contradictions arising from the maintenance of consumers' rights and interests,to determine the law applicable to the dispute for consumer rights and interests protection,the importance of international consumer contract law applicable rules are self-evident.To maximize the role of international consumer contract law applicable rules,we need to scientific and standardized,with advantageous to realize the equality and justice of international civil case solution,ensure the smooth operation of the international civil exchanges.At present our country has not explicitly stipulated in the legislation of foreign-related consumer contract specific meaning,so we need to reference when the definition of foreign-related consumer contract concept and the concept of draw lessons from other countries,otherwise may cause unnecessary conflicts in the process of practical application.This paper aimed at consumers,consumer contracts and foreign-related contract specific meaning,this paper compares and analyzes calculated the specific meaning of the connotation and denotation;At the same time,in the process of defining the relevant foreign consumers connotation implied the particularity of the international consumer contract,namely have asymmetric information,pricing power,small litigation difficult relief of inequality.In this paper,the overall follow the path of thought is the rules of foreign-related consumer contract law applicable value theory,namely the form justice and substance justice value balance and protecting the legal rights and interests of the weak trend of internationalization,guidance and krug.Applicable law in foreign-related civil relations law article 42 for the first time to make a related regulation on international consumer contract,this paper will detail listed one of the few in our country the provisions of the applicable law of foreign consumer contract and dialectical analysis.From a certain extent,our overseas customers the applicable rules of law is innovation and breakthrough:on the one hand,actively adapt to the progress trend of private international law,including consumer contract unilaterally autonomy historic breakthrough new habitual residence outside autonomy to link points;On the other hand,works in actual situation,the loopholes and problems more or less,the problem mainly from four aspects,including consumer unilaterally legal options in doubt,fuzzy definition of active and passive consumers,lack of mandatory protection rules,lack of consumer is the most significant relationship principle.To know the progress of international law and legislative trend is the first step in scientific and standardized.Relevant foreign foreign-related consumer contract law applicable rules is very rich:such as the United States is not alone the international consumer contract,special legislation but with reference to other contract and special contract to apply;Swiss completely ruled out party autonomy principle,which is not comply with the international development trend;Japan choice limited autonomy principle provision,specifically divided into explicit and implied choice,is worthy of reference for legislation of all countries and so on.Of course,it also has the common development trend:according to the principle of party autonomy make necessary restrictions,to special protection of legitimate rights and interests of the weak,habitual residence as the main applicable law,consumers have the priority legal mandatory rules apply,this need to be combined with national conditions in our country take the essence and discard the dregs.Law should not only have stability and to keep pace with The Times.By understanding the overseas advanced legislation,combined with China's national conditions to scientific and standardized the consumer contract law concerning foreign applicable rules:the parties to the protection of the legal options and limitations,the distinction between active and passive consumers specific connotation,habitual residence as a mandatory rule out,will be the most significant relationship principle as the basic principles.To build the Chinese characteristic of foreign-related consumer contract law rules shall apply.