The Study On Application Of Foreign Divorce Law In China

On October 28, 2010, at the Seventeenth Meeting of the Standing Committee of the Eleventh National People's Congress adopted the "Law of the PRC for Foreign Civil Relations Act" and decided come into force on April 1, 2011. The law is the first private international law for the general legal norms, in which the foreign marriage and family issues give the special chapter of the regulations. Compared to the previous laws and regulations for foreign divorce, it could be said that the law provisions on foreign divorce has enormous progress. However, it is undeniable that the newly enacted provisions of law for foreign divorce there are still some unsatisfactory aspects.The author intends to discuss in three parts, and try to clarify the status of foreign divorce, foreign divorce issues and feasible solutions. On the basis of introduction the related legal provisions on foreign divorce of the "Law of the PRC for Foreign Civil Relations Act" which is the recently promulgated in China, Pointed out the Advanced and imperfections of the "Law of the PRC for Foreign Civil Relations Act".The first part, firstly, summarized the focus of controversy in foreign divorce, from the aspects of the substantive elements of foreign legal conflict and the formal requirements of foreign legal conflict. Secondly, sum up the effective experience of other countries to solve the foreign divorce in the substantive elements of foreign legal conflict and the formal requirements of foreign legal conflict. Finally, sort out the controversial settlement of foreign divorce of China, Contrast "Law of the PRC for Foreign Civil Relations Act" before the promulgation of the focus and resolve the dispute after the enactment of different orientation. Meanwhile, comb the relevant legal provisions of China's foreign divorce, which is the basis for assessment of related laws and regulations of foreign divorce in "Law of the PRC for Foreign Civil Relations Act".The second part, based on the international development trend analysis and summary, on the basis of seeing the extensive literature, summing up three new trends of the international on the foreign divorce law applies, which are Stressed the principle of protecting the interests of the weak, Widespread use of the principle of autonomy and diversity of trends in Applicable Law, and Pluralism of Applicable Law. Valued the newly enacted the "Law of the PRC for Foreign Civil Relations Act" in macro trends in our country, in order to help to improve the legal system of China's relevant foreign divorce.The third part, through the summary of resolve contentious issues before and after enactment of the effectiveness and the advanced experience of other countries in the first part and second part, points out the a huge positive of existence of "Law of the PRC for Foreign Civil Relations Act" and the opinion about the inadequacies of relevant provisions of law on the foreign divorce, in order to perfect the trials of marriage.