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目前,涉外产品责任问题已经成为人们关注的话题。在法律适用上,传统的国际私法涉外产品责任归为一般侵权责任,适用侵权行为地法;然而,现代科技进步和经济交往的日益密切使涉外产品的侵权行为地变得复杂和不确定,各国相继采取了一些灵活的措施,涉外产品责任的法律适用有了新的发展趋势。本文认为我国目前的立法和司法实践不足以保护我国消费者的权益,应当借鉴国际立法经验完善涉外产品责任的法律适用制度。
At present, the responsibility of foreign products has become a topic of concern. In terms of the application of law, the responsibility for foreign-related traditional private international law products is classified as general tort liability and the law applicable to infringement. However, with the progress of modern science and technology and the increasingly close economic exchanges, the infringement of foreign-related products is complicated and uncertain. Have adopted some flexible measures one after another, and the law applicable to foreign product liability has a new trend of development. This paper argues that the current legislation and judicial practice in our country are not enough to protect the rights and interests of consumers in our country. We should learn from the experience of international legislation to perfect the law applicable system for foreign-related product liability.