Research On Jurisdiction Of International Divorce Proceedings In China

As the basis for a foreign country to hear an international divorce case, the jurisdiction is of vital significance in the international divorce proceedings. In today's society, the jurisdiction of international divorce, to which various countries pay more attention, involves with not only the interests of the parties, but also the national interests, and the normal international exchanges as well. As a result, the jurisdiction conflicts are becoming increasingly prominent. Therefore, it is necessary to study jurisdiction system of international divorce in depth. In this paper, taking an international divorces case (Luo Ziping v. Huang Xiaodong) as the main line, the writer focuses on the jurisdiction conflicts in international divorce, proposes such measures as strengthening international cooperation and coordination to improve China's jurisdiction system of international divorce, and brings forward the methods of mediation and recognition of foreign country's divorce judgment to search for solutions to jurisdiction conflicts.The first chapter analyzes the jurisdiction system of international divorce proceedings in China. First, it introduces the concept, significance and setting standards of jurisdiction of international divorce. Then, it analyzes the current jurisdiction system of international divorce in China– mainly according to territorial jurisdiction, either a personality's jurisdiction; hearing in the defendant's place as a general principle, and in the plaintiff's place as an exception. On this basis, it finally points out the inefficiency of the aforementioned system in China and proposes some recommendations.The second chapter studies jurisdiction conflicts in international divorce proceedings, basing on parallel proceedings as the core. First, it illustrates a brief analysis of parallel proceedings. Second, it summarizes the current legislation and the insufficiency of the jurisdiction system in China. Finally, it puts forward proposals to resolve the problem of jurisdiction conflicts, mainly introducing the legislation and practice in foreign countries to restrict parallel proceedings in international divorce, and recommending speeding up the pace of signing international treaties to fundamentally eliminate the jurisdiction conflicts.The third chapter analyzes the utilization of coordination and mediation in international divorce proceedings. It analyzes the Luo Ziping v. Huang Xiaodong divorce case in detail. This chapter attempts to explore measures to alleviate the legal conflicts and achieve justice in specific case, through strengthening the Sino-Australian co-ordination and mediation between the parties.The forth chapter mainly analyzes the recognition of foreign country's divorce judgments in China. As an important international judicial assistance measure, the recognition of foreign country's divorce judgments is not only conducive to safeguarding the interests of the parties, but also helpfully to maintain normal international exchanges. Our country holds more tolerant attitude towards the recognition of foreign country's divorce judgments on the one hand. However, it establish strict examination standards for the recognition of foreign country's divorce judgments on the other hand.