Foreign-related Legal Application Of Marital Property Relationship Problems Research

With the level of China's foreign economic relations and gradually increase the overall level of private international law in the whole field of legal research has made remarkable improvement and progress. However, foreign-related marriage and family in our area, especially in foreign relations and the law applicable to matrimonial property issues, and less systematically being carried out in-depth specialized research. With the rapid development of China's economy, and international exchanges become more frequent, the growing number of transnational marriages, in this case, the law applies to foreign spouses of property relations is more urgent. Matrimonial property relations outside marriage law has been subject to national law the application of the academic attention. International matrimonial property on the settlement of foreign relations is the main conflict of laws conflict of laws adopted solution, on the relationship between foreign law applicable to matrimonial property, there are personal law, real estate location method, the most closely linked principles principles and autonomy, due to the traditional countries Culture and the marriage customs of different countries according to their specific national conditions, choose the law applicable to different application principles. In the "Law for the People's Republic Foreign Civil Relations Act" to establish a personal law, the main location of the property law, the principle of autonomy and the principle of close contact with a concentrated expression of the law of foreign relations for the principles of marital property set the culmination of the world the advantages of high scientific, but, with the international mobility of enhanced foreign relations more complex marital property, it is necessary to further improve.The first part is an integrated foreign property relations of husband and wife discussed. First analyzed and discussed the concept of property relations involving foreign spouses, scope and characteristics, that the identity of foreign relations between marital property, complexity and other characteristics, then from the two aspects of reality and the legal foreign matrimonial property relations are discussed the causes of conflict of laws, and finally Foreign matrimonial property laws that conflict between two different solutions.The second part discusses the international law on property relations involving foreign spouses apply the principles of enlightenment. Pointed out that in foreign relations law applicable to matrimonial property issues, different countries have taken the law applicable principles, including personal law, the law of the Court, real estate location method, the principle of close contact, and the principle of autonomy in each of the principles expounded the same time various the analysis and evaluation, respectively, point out the strengths and weaknesses in order to facilitate the practical use of the attention strengths. Secondly, the international community focuses on the relationship between marital property law on the foreign application development trends, that as with the continuous development of private international law, scholars have put forward more information about the doctrine of private international law and recommendations of legislative technique, the focus will be on subjectivity and objectivity of the conflict conflict combined points by changing the link to the conflict rules of objectivity to "soften" two ways to achieve stability and flexibility of the law applicable to the purpose of combination.The third part discusses the relationship of foreign law applicable to matrimonial property provisions and principles of sound.First points out the property relations of foreign spouses apply to the specific provisions of the law, highlighting the "PRC Law for Foreign Civil Relations Act," passed, property relations of husband and wife in the foreign requirements. Finally, the specific conditions of China, pointed out that the existing regulations should be further improved, and its main content is limited to established principles and the protection of the weak to change the aspects of the principle of equity.In this paper, the basic theory of private international law-depth analysis of property by foreign couples relationship that should conform to the trend of the times, the actual life of the emergence of new problems and new situations, to analyze specific issues, should be more in the Legislative scientific, forward-looking, this focus on improving relevant legislation, trying to ask and answer the legal property relations of husband and wife for foreign process needs to focus on resolving the issues in order to deepen the research on this issue.