Research On The Application Of Law For International Consumer Contracts

Today,with the economic and trade relations between countries in the world being increasingly closer,the global market is replenished with frequent and substantial flow of people,goods,technology or services.As a result,cross-border consumption also becomes more and more common.Currently,China as the “world factory” is comprehensively implementing the policy of reform and opening up and actively promoting “The Belt and Road” Initiative.Under the background,China' s cross-border consumption has flourished as never before.However,it has also led to an increasing number of international consumer disputes,represented by international consumers contract disputes.As China still does not have a sound international consumer contract legal system,it is unable to effectively protect the legitimate rights and interests of consumers.This paper can be divided into four sections.The first section mainly discusses the applicability of international consumer contract laws.Firstly,it makes a clear definition of consumer and consumer contract,so as to determine the basic research scope of international consumer contract laws.Secondly,it expounds the value orientation of China' s international consumer contract law,which includes two aspects – the principle of protecting underprivileged groups and seeking substantial justice;and the principle of maintaining the market order.The second section makes an assessment and analysis of the international consumer contract laws in other countries.It is hoped that through a comparison between the consumer contract laws in Switzerland,America,Japan,and the European Union,it can provide some reference for improving relevant stipulations in the international consumer contract law in China.The third section analyzes the status-quo of China' s international consumer contract law application and its problems.By studying the legislative status and practical application of China' s international consumer contract law,it has found some problems existing in China' s international consumer contract law application,that is,the concept of consumer contract law is unclear,party autonomy is restricted too much,and it lacks reference to international proper law in cross-border consumer contract law application.The fourth section provides some suggestion for improving China' s cross-border consumer contract law.At the legislative level,a clearer definition of consumer contract should be made,which will be beneficial to identifying this type of cases in judicial adjudication and help the parties involved in certain cross-border consumer contract understand their type of transaction.Then,the autonomy of consumers should be enhanced,based on the unilateral autonomy of consumers in current laws.At last,a remedy should be provided for consumers' irrational choice of law by applying mandatory rules for consumer protection.In the process of judicial practice,it is necessary to stress reference to international proper law in cross-border consumer contract law application,as well as to procedurally regulate the consumers' exercise of right of unilateral choice of law.