中韩涉外消费者合同法律适用规则比较研究

Abstract

The formulation of law applicable rules on foreign-related consumer contracts in private international law of China and South Korea reflects the principle of protection of the interests of the weak and the principle of autonomy of will, demonstrating the high level of protection of consumer rights and interests in private international law. China's relevant regulations pay more attention to the balance of interests between operators and consumers in foreign-related consumption relations, and apply to the connection points of the habitual residence of consumers and the provision of goods and services. South Korea's relevant regulations are more inclined to consumer protection, mainly applicable to the law of the consumer's habitual residence. There is room for further improvement in China's relevant legislation. There are some problems, such as incomplete provisions on autonomy of will, deficiencies in the provisions on the application of consumer contracts, and ambiguity in the identification of “engaging in relevant business activities”. By learning from the advanced legislative experience of Korea's Private International Law, it is helpful to the development and perfection of China's theory and practice of private international law.