| The international flows of people were more and more frequent with the development of globalization. In the past two decades, the number of intercultural marriages was rising due to the widespread foreign marriage with interpersonal internationalization. And the divorce was also frequent in foreign marriage because of the couple cultural differences, habits and so on. As a result, solutions of foreign-related divorce dispute were continuing adjusted. An important aspect of the Foreign-related divorce disputes is the legal application problems. The country judicial was independence between each other, so divorce was much closed to public order and people’s benefit. Each counter’s provisions on foreign-related divorce problem is different, so how to solve the conflict of different laws on marriage were very important. These laws conflict directly affected the benefit of the parties in a divorce. Different methods to choose law would make different results. Resolve the conflict is the efforts in the direction of the private international law.In2010, our country pass a resolution about Law of the Application of Foreign-related Civil Relations, it had some new rules about foreign-related divorce. But the new regulation does not solve all the problems in practice, there are a lot of improve space. The foreign-related marriage phenomenon of European Union were very common, therefore, family law are the main areas of cooperation in the field of international civil justice, so the EU has maintained a leading level in the world. In order to solve the disputes of Foreign-related marriage, the European council has issued several regulations, the latest achievements is Rome III in December2010. This paper analyzed the Rome Ⅲ and Law of the Application of Foreign-related Civil Relations, and hoped to perfect the law about China’s foreign-related divorce. This paper were divided into three parts, main point of Rome Ⅲ; comparison between Rome Ⅲ and Law of the Application of Foreign-related Civil Relations; and Rome Ⅲ for China’s reference.Within the EU there are two parallel legal systems, namely the law for European Union and the law for members of the EU. Different legislation will inevitably lead to conflict of laws. Generally speaking, conflict of EU law includes three types:conflict between members of the law and national law; conflict between each member’s domestic laws; conflict between European Union law and other external legal. In solving the conflict of laws, the European Union has made many efforts. Therefore, the first part of the paper introduced achievements in the field of foreign-related marriages of European Union, the basic content and the background of Rome III. Matters relating to marriage, jurisdiction of parents responsibility and enforcement of judgments specification were different between EU member states, hindered the normal operation of the EU economy and free movement of all kinds of personnel between member states, it were not conducive to the EU common goal. In this context, the Brussels II Convention, the Brussels II Regulation, the Brussels II bis Regulation were in turn to be promulgated by the European council; the European Union family law unification degree would be higher and higher. The emergence of the Rome III were trying to solve the law applying problem of foreign-related divorce, it were applicable to foreign-related divorce and justice dispute.The second part analyzed the advantages and disadvantages of the Law of the Application of Foreign-related Civil Relations. One of the Progresses were the main body of foreign-related divorce expand to the parties of the disputes; the other were to establish the principle in the foreign-related divorce disputes; the last were to establish the agreement of foreign-related divorce. But there were also three deficiencies. At the first, the law didn’t allow autonomy of mean; then there weren’t a applicable law to substantial requirements of foreign-related divorce; at last, the parties’own way of choosing were not clear. Law of the Application of Foreign-related Civil Relations was in common with Rome Ⅲ. Firstly, they were all choosing progressive type of selective legal norms; secondly, the two rules embodied the principle of party autonomy and most significant relationship; thirdly, they all chose the law which was issued in living place of the parties.The last part introduced the reference of Rome Ⅲ to China. First of all, our country should increase requirements of substantial and formal; Secondly, China should increase about choosing the time of law rules, again, our country made clear rules about the use range of the applicable law. |
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