Foreign Marriage Law Applies

Along with the communication of China with the whole world being deeper and closer, the number of marriages concerning foreign affairs appears to be arising tendency ,during the past a few years . However, the conflictions of the laws about marriage are not decreasing. The legislation concerning the application of law on marriage concerning foreign affairs in China is unfit to the need of society. During the procession of law making of China civil law, in this dissertation, the author wants to research the problems of the application of the marriage concerning foreign affairs and give some suggestions to the legislation and justice.Section1: Firstly, introducing the conception of the marriage concerning foreign affairs, and listing the five forms of it. Then, discussing the conflictions of the conditions of the marriage concerning foreign affairs and the efficacy of the marriage concerning foreign affairs , Making a foundation for researching the application of law.Section2: The application of law on marriage concerning foreign affairs are discussed form the identical system to the discriminative system which are separated of whether differentiate formal requirement and substantive requirement and apply to different law separately. In this section, the author also researches the separate application of laws to the formal requirement and substantive requirement, and discusses the application of laws of the efficacy of the marriage.Section3: How to apply the law of marriage concerning foreign affairs under special conditions is discussed. Including consul marriage, solder marriage, marriage on the boat over the sea or on the ownerless land. China has the law about the consul marriage, but no about others, so we talk about the court's point of view.Section4: How to exclude the application of foreign law is discussed in this section. Including forbidding evasion of law, reservation of public policy and the classification of formal requirement and substantive requirement. The reservation of public policy is researched from four subjects as same-sex marriage, engagement, marriage promise and Common law marriage.Section5: The author give some suggestions about legislation of the application of law on marriage concerning foreign affairs of China. The author suggest that on the issue of substantive requirement for marriage the application doctrine should be adopted in which not only the law of marriage come into existence is taken as an important complementarity. And on the issue of formal requirement ,we should separate the different circumstances which domestic and abroad ,and choose different conflict law. It will be good for preserving our jurisdiction and recognizing the foundation of marriage.