| China adopts the legislation mode that "general tort&Special tort" in the application of law rules in foreign tort.Lex loci delicti is the main conflict rule,common personal law and the agreement law of parties are also allowed.The legislation seems simple,but it lacks of details and some important content.There are also a few problems in the judicial practice.Our legislation thinks highly of formal justice,and the choice-of-law approaches excessively traditional and dogmatic,distribution of the problems in the laws application of tort.The American law of conflict is developed,and it leads the trend of international private law in the whole world.It can help us improve and perfect the legislation in the application of law rules in foreign tort that analyzing the advanced features in American tort conflict laws.This article is divided into four parts to research the laws application of tort in China in the light of American tort conflict laws.The first part is the present situation in China,including the current regulations,the existing problems and the reasons behind that.The second part teases the development of American tort conflict laws,from the traditional period to the modern period.Especially the conflict rules and values in three<Restatement of Conflicts of Laws>.The third part distills the advanced features in the development of American tort conflict laws,in respect of the legal value and the choice-of-law approaches.We can summarize some features that formal justice and substantial justice are combined well as well as traditional and modern choice-of-law approaches are combined well.These features has a reference value for our problem.The last part offers proposals to perfect the legislation in the application of law rules in foreign tort,according to the advanced features of America,including pay attention to the substantial justice about the vaule of law and pay attention to the modern choice-of-law approaches. |
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