An Analysis Of The Interests Of Protecting Weak By Foreign Marriage And Family

family is the main component of the society, therefore, contrast to other kinds of civil relationships, foreign-relate marriage and family relationships has its characteristic, because it focuses on the relationship among the sustain people of ethics identity, and the steady of foreign-related marriage and family relationships is concerns social stability, thus protecting the marriage family relationship among the weak is also one of the important functions of the national social management. At present the international private law always give special attention to women, children, the elderly, the guardian,etc. Nowadays the weak of foreign-related marriage and family areas urgently need law to give special protection, thus establishing the important status of the protection of the weak interests of international private law, perfecting the laws and rules and the corresponding system, is not only the need of progress of private international law, but also of the advance of society development. In 2011 our country "Law of the Peoples Republic of China on Choice of Law for Foreign-related Civil Relationships" promulgated, meaning the landmark of our country.This paper hopes through the case of Anna Mae He to understand some related issues of the foreign-related marriage and family field, from the theory foundation of protecting weak to know more about human rights and substantive justice,and to know it is necessity for protecting weak, and in line with international convention and international countries in foreign-related marriage and family field on the defend of the weak interest legalization and judicial practice, and analysis of the pros and cons of existing legislation of international private law in China,involve the advanced other countries legislation. The writer hope to put forward some suggestions to perfect our private international law, conform to the trend of the progress of international law,accord with human rights spirit,and more effectively apply to international private law.In this paper, take the case of Anna Mae He for example, form the angle of protection human rights and pursuing essential justice to analysis,thinking,summary and eventually consideration the interests of the weak of protection legislation practice of China’s foreign-related marriage and family field and try to propound some suggestions.This article is divided into four parts. The first part briefly presentation some basic information of the case of Anna Mae He, and analysis the result of judgment of the case, and the analysis of a concrete dispute point of the protection of the weak interest in the case;the second part from the custody case for Anna Mae He starting analysis theory problem containsin the case, that is, the human rights and substantial justice. And briefly analysis the two aspects with what effect of the protection of the interests of the weak concept; the third part is concern the rules of international private law in the filed of foreign-related marriage and family legislation on the protection of the interests of the weak aspects, which is from the analysis of the international organization and foreign legislation of each country, the relevant provisions of combing the present situation of the international legislation and our country legislation and its existing problems; the fourth part summarizes the case of Anna Mae He give us inspiration, and propose some reasonable recommendation at perfecting the specific rules from the angle of guard human rights and essential justice,and elaborate the effect on the protection of the interests of the weak.