Foreign Divorce Jurisdiction Of Cases Study

In the private international law adjustment range, since the divorce case and litigant’srights of the person, property rights are inseparable, property division, child custody, childsupport and other matters of the solution is not only directly related to the national citizensand their family interests, for the stability of society and country and development has anextremely important the significance of Foreign Divorce Jurisdiction in the world and there isno uniform rules, except for some special beyond the limits of national jurisdiction in divorcecases, to have full legislative jurisdiction; jurisdiction of law applicable significance makesdivorce cases jurisdiction has more important significance. Their practices are not the same,Divorce Jurisdiction of legislation and practice of very confused. The author attempts tojurisdiction to summarize and organize, to the current system and its development trend tomake an analysis, and to our country foreign divorce system some suggestions put forward,with a view to China’s foreign-related divorce system development contribution.The first chapter is mainly on Foreign Divorce Jurisdiction system brief introduction.First elaborated the Foreign Divorce Jurisdiction system definition and its privateinternational law in the significance; secondly the foreign jurisdiction in divorce cases in thedirect jurisdiction and the indirect jurisdiction, and the relationship between the two as adefined.The second chapter focuses on the foreign jurisdiction in divorce cases of the domesticlegislation and practice the analysis. First introduced in the Anglo-American law system andcontinental law system concerning foreign related divorce cases directly under the jurisdictionof legislation and practice, including Britain, United States, Germany and Switzerland, law;followed by the introduction of the two big legal systems of criminal legislation and practiceof indirect jurisdiction, including Britain, United States, and Switzerland, in addition, but alsoelaborated the foreign divorce recognition other conditions.The third chapter introduces the Foreign Divorce Jurisdiction on international law,including the1902Hague concerning divorce and separation of jurisdiction conflict with the law","1968Hague convention that divorce and judicatory Convention" and the" marriagematters of jurisdiction and the recognition and enforcement of judgments and the ConventionConvention", reflected in trend analysis.The fourth chapter mainly discusses the Foreign Divorce Jurisdiction Conflicts andsolution. The first illustrates the Foreign Divorce Jurisdiction Conflict and its manifestations,mainly from the angle of parallel litigation is analyzed; secondly to foreign divorcejurisdiction the causes of conflict analysis, emphasize from jurisdiction according to theexpansion of this legal reason and interests of the parties to drive the economic reasons; again,combined with Foreign Divorce Jurisdiction right conflict solution principle and states in thejurisdiction system in terms of the specific practice, put forward to solve the foreign divorcecase jurisdiction conflicts of basic practice.The fifth chapter is on Chinese Foreign Divorce Jurisdiction System Analysis andsuggestions. The first of China’s Foreign Divorce Jurisdiction system undertook combing,since the founding of the people’s Republic until the" Civil Procedure Law" enacted, adetailed list of the current effective foreign divorce jurisdiction provisions, including directand indirect jurisdiction jurisdiction in two aspects; secondly, from the reality of our countrysociety and international exchange and cooperation perspective on Chinese Foreign DivorceJurisdiction System to analyze, summarize the legislation and the problems in practice, andputs forward the legislative suggestions.