The Value Orientation And Development Trend Of The Contemporary American Conflict Of Tort Law

The formulation of the legal rules of tort conflict of laws cannot be separated from the value choice and value judgment.The United States can be described as the country with the fastest development of tort conflict law,but the most changeable value choice.In the process of these developments and contradictions and conflicts,it reflects the unremitting efforts of scholars and legislators.Their pursuit of legal value can provide a lot of reference for reflection on the Law on the Application of Law on Foreign-related Civil Relations in China and the introduction of judicial interpretation by the Supreme people's Court.This paper mainly discusses the legal application of foreign-related tort and its value choice and value evolution.starting from the evolution of modern conflict of laws theory and famous judicial precedents,this paper observes the evolution and development of conflict rules and methods in the field of tort in the United States.The first chapter first introduces the provisions of the two conflict of laws restatements in the United States,as well as the value orientation behind them.The second chapter briefly introduces the modern milestone cases of the United States-the Neumeier case and the " Neumeier three rules",as well as the value choice behind them,and questions the " Neumeier Neumeier rules" through the Edwards case.The third chapter first makes an empirical analysis of the legal choice method of tort conflict law adopted by the courts of the states in the United States,and analyzes the value choice behind it.In addition,two written legislations,Oregon's Tort and other non-contractual claims Act and Louisiana's applicable rules,are interpreted and analyzed in detail,and the advantages of their rules are introduced.And the coordination of different values reflected in it.The fourth chapter makes a comparative study of the tort conflict rules in the applicable Law of Civil Relations and the Law of Choice of Law of Tort and other non-contractual claims in China and the latest legislative results in the United States,thus summing up some enlightenment and suggestions.It provides some possible ideas for the development of conflict of laws in China.