Research On The Legal Application Of Cross-border Contract Of Purchase

Under the background of accelerating the process of economic globalization,with the continuous progress of science and technology and the increasing improvement of peopleundefineds living standards,the demand for purchasing overseas goods is also rising,and they gradually choose the new shopping mode of purchasing goods on behalf of the people.The daigou industry emerges as the times require and becomes more and more intense.About the Spanish fake milk powder incident,the news reminiscent of Chinaundefineds overseas milk powder buying craze.Due to the rise of cross-border e-commerce and the strong demand for commodities such as milk powder,the market scale of cross-border purchasing is becoming larger and larger,and the consumer and consumption amount is also showing a trend of rapid growth.Cross-border purchase brings great convenience to peopleundefineds life,but also inevitably produces disputes.For the huge market demand,all kinds of genuine and fake goods will enter into the consumerundefineds life through the form of purchase.When consumers encounter food safety and commodity quality problems,or even the damage to the use of goods,how to apply the law correctly to the court seeking relief cases? How to deal with tort liability and breach of contract liability when competing?Because of the foreign-related nature of cross-border purchasing,it will inevitably involve different legal provisions in different jurisdictions.Moreover,because there is no clear legal basis,the same cases will come out with different trial results.In the case of cross-border contract disputes,it is an urgent problem to choose which law should be applied to better protect the vital interests of consumers.At present,there is no special legal system about cross-border purchasing,which is a new industry,only the scattered provisions in the relevant legal provisions,its applicable content is not clear.Chinese scholars have not yet drawn a more comprehensive theoretical study on the application of the law of cross-border purchase contracts.Due to a series of disputes,disputes and lag of the law,the application of the law in the cross-border contract brings a severe challenge.In order to make the cross-border purchasing industry develop healthily and orderly,and promote the foreign trade and international civil and commercial exchanges,it is necessary to explore the cross-border contract.This paper attempts to analyze and study the legal application of cross-bordercontract in order to provide a perfect way for the legal application of cross-border contract in China.First of all,starting from the overview of the legal application of cross-border contract,this paper discusses the conflict of law on the contract content in cross-border contract by starting from the recognition of the combination of tort liability and breach of contract in cross-border contract.Through the in-depth research and analysis of the legal application of cross-border contract,including the general theory and principle,form,substantive problem and the legal application of the contracting ability of the parties,finally,it is based on the cross-border purchase of goods in our country,which includes the general theory and principle,the form,the essential question and the legal application of the contracting ability of the parties.Combined with the current situation of legislation on the application of cross-border contract law in China,this paper discusses the existing problems and shortcomings,and draws lessons from relevant legislation and experience of foreign countries,and puts forward some suggestions on how to perfect the legal application of cross-border purchase contract in China.