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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

The improvement and development trend of choice-of-law rules for foreign-related product liability in China

English Abstract

ABSTRACT Due to the diversified and complicated nature of foreign-related product liability, and with the development of global economy and transnational transaction, the relevant disputes occurred more frequently and many problems raised up during the litigation of foreign-related product liability case. Especially for the choice of law, based on the foreign-related nature, the choice-of-law rules would have a significant impact on the outcome of the trial because there would be conflicts of laws in most cases. Regarding the choice-of-law rules for foreign-related product liability, there are also various conflict rules for product liability of different regions which have its own features and limitations with different legislative skills. With comparison to typical conflict rules for foreign-related product liability, the development trends and further improvements of relevant rules in China could be figured out after the comparative study. After basic understanding of the concept and nature of foreign-related product liability, with regard to further improvement and legislation of the choice-of-law rules, it is essential to clarify the origins and development process of relevant legislative theories and principles. These principles and theories could be divided into traditional one and contemporary one. It is meaningful to figure out the distinction between the principles of traditional period and contemporary period, and also the features of each legislative principle. After that, the newest tendency of the adoption of legislative principle for legislation can be seen through this discussion. Furthermore, with the comparative study on the actual typical regulations in legal practice of different regions or countries, the application situations and effects of choice-of-law rules could be clarified in this way. And the pros and cons of these regulations are also specified in the analysis. Especially for the existing limitations, it can be seen that there are still many defect points when the rules came into legal practice. And these experience and conclusion would be precious reference for the further legislation of choice-of-law rules for foreign-related product liability. In addition to that, according to Article 45 of Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships, which was established exclusively for foreign-related product liability in China. With the depth analysis of this article, and combined with all above study and discussion, it is clear that the further development or legislation on this choice-of-law will mainly depend on the application method of legislative principles and connecting factors. The development trends of the legislation in China will lay more emphasis on the protection of the interests of the claimant. Last but not least, the flexibility and comprehensiveness are basically required for further improvement and legislation. Key words: Foreign-related product liability, Choice-of-law rules, Traditional legislative principles, Contemporary legislative principles, Development Trend.

Issue date

2017.

Author

Chen, Zhi Yan

Faculty

Faculty of Law

Degree

LL.M.

Subject

Products liability -- China

Supervisor

涂廣建

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Location
1/F Zone C
Library URL
991006758069706306