On Applicable Law Of International Divorce

Owing to the great difference of provisions of laws concerning of international divorce in various countries , therefore ,the problems of applicable law involved are quite complicated , and what demands resolving is the conflicts of marriage and family law or relative law between two or more than two countries .Only after the ruling court house is decided can the problems of applicable law concerning international divorce be resolved .Thus ,different countries adopt different legislation to resolve the jurisdiction problem: lex fori say ,lex personalis say ,compromised say , regarding international doctrine position as the basis establishment jurisdiction ,many countries mainly adopt lex fori say ,lex personalis say ,the choice or the overlapped application of the lex fori say and lex personalis say on the establishment of the laws concerning international divorce .But the singular adoption of lex fori say or lex personalis say will result in the phenomenon of "crippled marriage" which damages the benefits of the party concerned , in addition it will hinder the coordination of choice in each law area .On the other hand ,the choice or the overlapped application of both lex fori say and the lex personalis say will sacrifice , the benefits of the party concerned ,bringing many difficulties to the divorce of the party concerned.As a result ,to solve the problems existing in the old theory ,a new trend for the establishment of the law concerning international divorce appears: apply "favor divorce song " introduce "The Doctrine of The Most Significant Relationship " and "The Principle of Autonomy of The Parties" as the method of establishing the law concerning international divorce . The adoption of these new methods brings new life to the establishment of the law concerning international divorce in our country , the provisions of the application of the law concerning...