Study On The Issues Of Choice Of Law In Foreign-related Tort Based On The Background Of Group Action

Group action is the product of the civil litigation system of various countries to cope with mass disputes in the process of the development of industrial modernization,has the unique value of improving the efficiency of the litigation,maintaining the unification of the application of the law,pursuing the public welfare and strengthening the implementation of the substantive law in the cases of small but majority rights infringement and massive-rights infringement.Today,with the deepening of globalization and frequent transnational flows with factors such as subject and commodity,attention must be given to the influence and challenge of the legal choice of the group litigation related to foreign infringement of infringement on the rules of the tort conflict.The first part is mainly to interpret and define the concept of foreign-related tort and group action.There is no consensus about definition of group action,and although the name and connotation of group action system vary from country to country,these differences have little influence on the choice of law from the perspective of legal choice.Therefore,definition of group action in this thesis is used in broaden sense.The group action involved foreign-related tort is characterized by the large number of parties itself,the distribution of the parties and the infringement fact at home and abroad,and complex composition of interest,which will lead to the appearance of different equally connecting factors,and increasing difficulty of party autonomy in the process of applicable law.The second part is the brief introduction and analysis of the origin,development and practice of the rules of foreign-related tort in China.Under the influence of the American conflict law revolution and the improvement of the conflict law of the European countries,the rules of tort conflict in China are still a kind of improvement in essence.This modified tort conflict rule represents the difficulty of determining connection factors in the application of group action,on which the doctrine of party autonomy and the most significant relationship in China's conflict rules has limited effect.The third part is mainly about the practice of the choice of law method concerning foreign-related tort group action in other countries.Taking the United States as an example,it has been into the era of coexistence of multiple legal choice methods after criticism of foreign-related tort rules in the American choice-of-law revolution.Under this theoretical background,the choice of law in American group action has aroused the attention of the judiciary and academia.While flexibility about multiple methods of choice of law was represented in a series of group litigation,the very complexity also result in suspect of necessity of class action.Accordingly,American academia attempted to unify the choice-of-law rules,with the symbol of ALI's Complex Litigation Project,in the field of group action.The fourth part is mainly about the defect and perfection of foreign-related tort rules.Compared with the flexibility and substantial-result orientation in the application of the choice of law methods in the U.S group action,the application of Chinese foreign-related tort rules in group action is less flexible and neglects the coordination and balancing between the interests of the parties.Under the premise of emphasizing the particularity of law application under the background of group action,we should improve China's foreign-related tort conflict rules from two angles: the most significant relationship and the balancing of interests.