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영어

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.

중국어

中韩两国国际私法关于涉外消费者合同法律适用规则制定体现了弱者利益保护原则 和意思自治原则，彰显国际私法对消费者权益保护的高水准。中国相关规定更注重涉 外消费关系中经营者与消费者的利益平衡，适用了消费者经常居所地、商品或服务提 供地连结点。韩国相关规定更倾向于对消费者的保护，主要适用消费者经常居所地法 律。我国相关立法有进一步改进的空间，存在如意思自治规定不够完备、消费者合同 方式法律适用规定存在缺漏以及“从事相关经营活动”认定模糊等问题，通过对韩国 《国际私法》先进立法经验的借鉴，有助于我国国际私法理论与实践的发展完善。