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The Study on the Application of Law in International Product Liability

Author: ZhouChang
Tutor: ZhaoShengXiang
School: Southwest University of Political Science
Course: International law
Keywords: Product Liability Application of the law Development trends Conflict of laws
CLC: D997
Type: Master's thesis
Year: 2010
Downloads: 176
Quote: 2
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Abstract

International trade in the promotion of economic globalization to become an important part of the national economy, international product liability issues as international trade community to pay attention more and more, based on the dual concerns of public and personal interests. States substantive legislative differences in solving international problems of lack of unified substantive law of product liability, product liability conflict relies mainly on the conflict rules relating to product liability. This article intends to adopt the method of comparative analysis and empirical analysis, summarized the development trend of international product liability law applies, compare domestic and foreign legislative experience, comparative analysis of national legislation designed to put forward recommendations to improve our legislation, legislation to find the best suited to China's national conditions Design. The article is divided into five parts: the introduction of a brief introduction to the aims of my thesis, theoretical significance, the research status of related fields and research methods. The first part of the international product liability law applies in a simple overview. That part of three longitudinal reveal the actual causes of the conflict of laws of product liability. Form of national laws conflict stems from different countries to the understanding of the concept of product liability, the different definition of the concept of products, defect, damage. The immediate cause is that the conflict of interest between the different countries, the macro reflected in developed and developing countries or due to conflict of interest between the developed countries. The fundamental reason is that different tilt of the value orientation, such as justice and efficiency. In addition, this section also describes the two basic methods of settlement of international product liability law conflict, directly and indirectly, adjustment method, and a brief analysis of the pros and cons of the two methods. The second part of the comment UNIDROIT International Product Liability practice of sports and international legislation. The main part describes the outcome of the movement of the UNIDROIT Hague Convention and the Rome Convention II, as well as the United States, Switzerland and other countries typical of private international law legislative provisions. The article focuses on the Analysis of the Hague Convention and the Rome Convention II, also slightly evaluation of the legislative practice of other countries, to pave the way for later comparison analyzed. The third part is the introductory summary and the latest development of the system of international product liability laws apply. The part parsed from three aspects of system development. First introduces the historical development of the principle of Product Liability, and then reveals the product liability law applicable principles from the initial tort law of the principle of development of modern legal principles applicable to the inclusion of the principle of flexibility, and finally from the legislative technical level analysis and evaluation of the development of modern technology and superiority. The last part of the article is to study the current legislation, as well as academia and practice session to prepare the introduction of the relevant legislative provisions are in the pipeline. This is based in part on the foregoing analysis, pointed out that China's legislative inadequacies, and the use of contrast to evaluate the advantages and disadvantages of different legislative. It also answered whether the country should join the \Concluded previously proposed a number of legislative proposals suited to China's national conditions.

The Study on the Application of Law in International Product Liability

Abstract

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