Study On The Law Application Rules Of Foreign-Related Divorce By Agreement

The foreign-related marriage relationship plays a decisive role in the foreign-related civil legal relationship,and it is also an important component of international private law research.However,the agreement divorce system in China is also closely related to the traditional judicial culture.Because the sovereignty of various sovereign countries is still in an independent state and affected by many factors such as the country's economy,religious and cultural beliefs,political positions,and social customs and habits,there are bound to be great differences and differences in the application of laws governing foreign-related divorce.The resulting legal conflicts are unavoidable.How to deal with the legal applicable rules of foreign-related divorce is not only related to the personal and property rights of the parties,but also more related to the state's public order and legal order.The “Applicable Law of the People's Republic of China on Civil Liberalization of Foreign Countries” passed by China on October 28,2010 at the Seventeenth Meeting of the Standing Committee of the Eleventh National People's Congress and2 implemented on April 1st of the following year was The first domestic laws and regulations issued by China for the issue of international private law have creatively developed a lot of things in many fields,including the provisions of Article 26 on the applicable law on divorce.This is also the first time that the law applicable to divorce has been explicitly stipulated in the legislation.Together with Article 31 of the“Marriage Law”,it constitutes an entity and conflict legal system for divorce in China.Introducing meaning autonomy in the agreement divorce is not only an advanced provision in the legislative cases in the world,but also incorporates the current status of judicial practice in China.It can be described as a major breakthrough in China's legislation in the field of international private law,and is also an innovation and breakthrough in China's dual-track legislation on foreign marriage.However,the contents of the specific provisions of Article 26 still need to be examined by judicial practice.The actual significance and applicable rules also need to be further studied and discussed.Article 26's dilemmas that appear in the actual use of the judiciary have yet to be rationalized and put forward sound measures.The problem to be solved in this paper is that in the face of legal conflicts,how to make the choice of foreign law-based divorce aimed at the law can achieve the balance between maintaining the public social order of the country and protecting the legitimate rights and interests of divorced parties.Structurally,apart from the introduction and the conclusion,this article is divided into three parts,a total of three chapters,which are the legal conflicts and application of foreign-related agreement divorce,the evaluation and analysis of Article 26 of the Law Applicable Law,and the application of law.The Predicament and Outlet of Article 26 of the Law.In the first chapter,the definition of the divorce of foreign-related agreement and the conflict of laws are taken as the cut-in point.Firstly,the definition and circumstances of the foreign-related agreement divorce are defined to distinguish the litigation divorce and the divorce.It also briefly introduced the norms of marriage and family conflict between different countries in the world to show the current state of legal conflicts concerning foreign-related agreements for divorce.The second chapter focuses on the legal application rules of foreign-related agreement divorce by focusing on Article 26 of the "Law applicable law".Article 26 is not only a major breakthrough in China's private international law but also in the field of international private law,and it reflects the increasingly legislative values and ideas that are consistent with the international community.The third chapter summarizes and analyzes the problems and deficiencies encountered in the legislative process and judicial practice mentioned in Article 26 above,and proposes countermeasures and improvement measures accordingly.The last section of this chapter is the final research purpose and result of this article.By continuously improving the provisions of Article 26,the legislative system of our country will become more mature and reasonable.