On Foreign Divorce Jurisdiction

With the development and changes of our society, and the increasing foreign associations, the foreign marriages between Chinese people and people form other countries are becoming more and more. However, since the cultural background, social experiences, educational and religion differences, the divorce rate of foreign marriages are extremely high. Moreover, the court decision of foreign divorce is not only related to the two parties, but also to the social benefits of the related countries, in this way, all the countries try to broaden their jurisdiction according to the legislation. Different principles of jurisdiction are adopted by different countries, so it often causes the situation of fighting for the jurisdiction.On the other hand, the increasing foreign divorce rate and the backward legislation of China form a distinctive comparison. Because of the defect foreign divorce system, the judges are usually in an embarrassing situation during the course of hearing. So that it is very urgent to accomplish our foreign divorce law, instead of depending on the limited Supreme Court's judicial interpretation and the higher court's reply.In order to analyze and discuss those problems, this paper is divided into five aspects:The first part is about to discuss the concept, reasons and the manifest of the jurisdiction.The second part is about to discuss several doctrines of jurisdiction, such as territorial jurisdiction, personal jurisdiction and their own concepts, their advantages and disadvantages.The third part is about to analyze some latest development of current selection in applicable law for foreign divorce. And in the practical, people begin to adopt some new principles, like doctrine of the most favorable for divorce, doctrine of the most significant relationship, the rule of autonomy of the will.The forth part is focused on the advantage and disadvantage of Chinese foreign divorce jurisdiction.The fifth part gives some suggestions about perfecting Chinese foreign divorce jurisdiction.