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对消费者利益的保护既包括实体法层面,也牵涉冲突法法律适用领域,二者相互联动。私法社会化理论逐步脱离抽象人格,对契约自由与私法自治施以限制;美国冲突法革命后,现代以及后现代国际私法流派也转向以追求实质正义为己任。在厘清消费者法相关基本概念的前提下,着重探究涉外语境下将保护弱者原则引入国际消费合同法律适用的具体路径。对中国最新涉外消费合同冲突法立法的规范审视、实践运用、思辨反思,需以“主观消费者”与“客观消费者”概念内涵的准确界分为落脚点。
The protection of consumer interests includes not only the substantive law level, but also involves the field of conflict of laws applicable law, the two interrelated. The theory of socialization of private law gradually departed from the abstract personality and restricted the freedom of contract and the autonomy of private law. After the conflict of American Conflict Law, the modern and postmodern private international law schools also turned to the pursuit of substantive justice. On the premise of clarifying the basic concepts related to consumer law, this paper focuses on the specific ways of introducing the principle of protecting the infirm into the law of international consumer contracts under the foreign language context. It is necessary to take a precise examination of China’s latest legislation on conflict of consumptions in foreign-related consumer contracts, practical application and speculative reflection as the fate of the precise boundaries between the concepts of “subjective consumer” and “objective consumer”.