Assisting The Weak: In Pursuit Of The Value Of Modern Law

In recent years, abroad marriage is fast increasing. About 90% cases are that the female goes abroad for marriage. Nevertheless, there are a lot of problems existing with the great increasing of abroad marriage. Parties suffer from it, especially the female. And it effects the regular development of this kind of marriage.This thesis mainly focuses on the phenomenon of violation of Chinese female's rights in abroad marriage. It stresses on the analysis of current law problem of abroad marriage. Base on the problems, this thesis uses law terms to analyze and provides some suggestion to consummate our law for abroad marriage. In analyzing and solving problems, this thesis widely gathers the facts of female suffering from abroad Marriage, properly cites several instances to reach deepen understanding of the problems;First to deeply research about the detail procedure and problems of abroad Marriage registration, and it take our own corresponding items in foreign developing ways, provide the stand point of court exam system of the foreigner, and the whole internet system of abroad marriage registration, which may reduce illegal marriage. It starts from personal rights, protecting the weak, in order to stress on the importance of protecting female's legal rights in their abroad marriage. Additionally, it cares about how the basic principles identified internationally are used to deal with the dissension, such as inconvenient principle. And it takes our own corresponding items in marriage law to analyze the problem, which has realistic meaning. According to above analysis, this thesis holds the standpoint that we should hold the spirit of assisting the weak to consummate our abroad marriage law as soon as we can when we are facing to so many cases of the female who suffer from abroad marriage. And to protect abroad marriage party's legal right, support them to get complete and exact and sufficient protect, and let abroad marriage develop naturally and regularly. According to the research of the title, the author wish the special party's rights can be cared by more and more people, whom will discuss deeply on how to protect their legal rights, not only from facial, also from the deep, to help them realize the basic right of good life. And it also develop the government to use the rights in right way, better show the basic principle of marriage law, for example, freedom of marriage, equal of male and female, protecting female's legal rights, etc, which are of the most important to build personal relationship and to choose personal life.This thesis splits in four parts. First part is introduction. It analyzes the abroad marriage history and current status, and also illuminates the precondition of the research the topic. Second part analyzes the current corresponding law in our country according to the status of our citizen, especially the female citizen suffered or could suffer from abroad marriage, provide that the present law is too simple, limited and not fit for reality. Third part of the thesis is the theoretic analysis and explanation of the reality. And it answers in a certain degree the question "why we should protect the right of Chinese female in abroad marriage". Forth part emphasizes particularly on the research of the detail law of protecting female right in abroad marriage. And it regards to have the reference to the excellent foreign legislation to consummate current law system. Finally, the tag summarizes and concludes this thesis.