Conflict Of Laws And Coordination On Cross-trait Marital Property Regime

Marital property regime is the system of couple's property relation during marriage, also known as matrimonial property system, which refers to the general term of the legal system to regulate property relations between husband and wife nowadays and become an important link in the marriage and family law system. In marriage and family legislation, the importance of the establishment of property law is gradually revealed along with the weakening of identity relationship and the strengthening of property relations. The reunification of Hong Kong and Macau with China make our country become a multi-jurisdiction country. Because of the discrepancy in historical, social and legal system, many practical questions were generated in various fields in cross-straits exchange, especially the conflict of laws. Marriage law retains various traditions and customs; meanwhile, it is closely related to people's daily life. As a result, there is no doubt that the marital property regime plays an extremely important role nowadays.Since Taiwan opened the visiting policy in 1987, cross-strait marriage becomes a very important aspect in non-governmental exchanges across the Taiwan Strait. Cross-strait marriages not only have a certain complexity and also involved a wide range of areas, which led to a series of legal problems. Only the interregional conflict in marital property regime solved properly can expand the cross-straits exchanges and maintain the legal rights and interests of the litigants effectively.This article discusses the cross-strait legal conflicts and coordination of marital property regime. The paper is divided into four parts. First, expound marital property regime and pay attention to the importance of marital property regime in matrimony; Second, carry out in-depth analysis of the basic theory of cross-strait marital property regime, study on the reasons of conflict of laws in depth, and then find a better coordination manner; Third, further expound the forms of conflict of laws on cross-strait marital property regime, and specific analyze them according to the different property regime contents; Finally, pass an opinion on the conflict of laws and conduct a series of discussion on how to coordinate the conflict of laws of cross-strait marital property regime.