Research On Problem Of Limit Of Autonomy Of Foreign-related Consumer Contract

With the development of information and technology,the relationship and trade between countries has been promoted,and many forms of transnational consumption have also been derived.In the traditional economic relations,consumers and operators grasped the information,although the information was differences but still within the acceptable range,so in the course of the transaction between them can remain relatively equal.But with the development of social specialization,consumers and operators have maintained the equality in law,but the operator relative to the consumers in the commodity information,many aspects of professional knowledge and ability of economic power and has a great degree of lead,so consumers are in a very weak position in the transaction process.Difficult to ensure that the substantive equality of both sides in the transaction.It is because of the weak position of consumers is obvious,the governments of many countries have been introduced in the protection of consumer rights and interests of the substantive law to help protecting consumers rights.But this is certainly not enough,as previously mentioned multinational consumer more and more frequent,not only to be protected in the substantive law on the legal protection of consumers,but also need to provide special protection and comprehensive in terms of conflict of laws.Therefore,the need to develop targeted law with domestic entities to form a perfect protection system in the conflict of laws,improve the transaction status inequality between consumers and operators,a relative fairness and justice between consumers and operators.A common practice for many problems concerningforeign-related consumer contract is giving the parties the right of autonomy but also make some restrictions on its autonomy,such as the use of mandatory rules,limit the choice of law to limit the range of the method to provide protection to the interests of consumers.And China's introduction of the "Law applicable to foreign-related civil relations"(hereinafter referred to as the "law applicable law"),in accordance with the relevant provisions of the above solutions.It is similar to the general practice in the world,and it also limits the gap between the consumers and the operators by restricting the right of choice of the parties.But in the process of judicial practice of "legal applicable law" also inevitably have some problems,such as the absolute limits on the autonomy of the autonomy of operators,consumers too narrow range limit.Except the introduction and conclusion this paper is divided into three chapters,the first chapter introduces the gradual "consumer" and "consumer contract" and "international consumer contract",in the second chapter,comparative analysis of different modes for international consumer contract autonomy restrictions and their respective characteristics,find out the advantages and disadvantages of various models from for reference.The third chapter introduces the present situation of our country's legislation and get some suggestions on how to apply and improve the law in our country are derived from the experience of the European Union and the United states.