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时代在发展,法律也在发展。一成不变的法律很难适应社会的发展,而处于社会中的消费者们的利益也需要随之变化。《涉外民事关系法律适用法》第四十二条扩大了消费者可选择适用的范围,有利于当事人意思自治。但在某种程度下,此条款的规定过于宽泛,会让消费者的利益得不到有利的保护,以至于保护消费者和不同国家对待消费者合同的平衡点不能达成一致,出现法律条款无用的状态。为了解决此问题,本文从涉外消费者合同的历史,立法模式和解决办法来论述本人的观点。
Times are evolving and law is evolving. Immutable law is difficult to adapt to the development of society, and the interests of consumers in society also need to change. Article 42 of the Law on the Application of Law Concerning Civil Relations Concerning Foreign Affairs has expanded the scope of consumer choice and is conducive to the autonomy of parties. To a certain extent, however, the provisions of this article are too broad, so that the interests of consumers are not favorably protected so that the balance between the protection of consumers and the treatment of consumer contracts in different countries can not be agreed and the legal provisions appear to be useless status. In order to solve this problem, this article discusses my point of view from the history of foreign-related consumer contracts, legislative models and solutions.