The Research Of Private International Law About Foreign Divorce In China

Foreign-related marriage occupies a pivotal position in the foreign-related civil legal relations, the foreign divorce is a legal act of foreign-related marriage parties dissolution of marriage in accordance with the law. The foreign divorce law has always been an important part of the private international law. Due to the impact of the Chinese traditional concept and the time of opening up is not too long, International jurisprudence do not pay sufficient attention on it. Because of a late start on international private law issues in practice, the relevant law of the foreign divorce is the weak link,and the legal norms of the foreign divorce is lagging behind. In this paper, the international foreign divorce law has been researched, the development process and the status quo of China’s foreign divorce laws has also been analysed. While conforming the trend of the times and the international community development of legislation, according to China’s national conditions and the actual situation, the related feasible suggestion and opinion has been proposed.The dissertation elaborates three main issue of foreign divorce in China,that is jurisdiction in foreign divorce,choice of law and recognition of foreign divorce judgments. Then introduce the main connecting factors about jurisdiction over divorce claims. Different countries establish the foreign divorce jurisdiction with different principle, so the rule of foreign divorce jurisdiction is different. With the intention to expand its own jurisdiction during the state legislation, and so much jurisdictional basis, it is easier to confusion in practice. The change of jurisdiction from static to dynamic leads to parallel proceedings in foreign divorce, thus the issue and the solution of parallel proceedings is discussed in this article. Secondly, through the exposition of the development of the relevant legislation of the foreign divorce jurisdiction, the evolutionary process of the provisions of China’s foreign divorce jurisdiction can be understood. While with the analysis of our current system, some problems can be pointed out. Lastly, some suggestions about the foreign divorce jurisdiction system from two aspects of the legislative provisions and limitations of parallel proceedings are proposed.Application of the China’s foreign divorce law is mainly expounded in the second part.First, the provisions of the applicable law of the foreign divorce from the international community is introduced. Then from the scope of application of the applicable law and the legal rules applicable are described, the Court law and national law of the two divorce applicable law are compared. Next, the development of China’s foreign divorce applicable law is introduced, and the relevant provisions of the current law named "applicable law for foreign civil relations" are discussed. In detail, the application of consent divorce law and opinion autonomy principle is dwell on.Recognition of foreign divorce judgment is related to the realization of the rights of foreign marriage between the parties. In the third part, China’s system about the recognition of foreign divorce judgment is focuses on. First, the basic conditions for the international community to recognize the foreign judgments are summarized. Second, the relevant provisions of international treaties in1970named "Convention on the Recognition of Divorces and Legal Separations" and "Convention on Jurisdiction and the Recogniton and Enforcement of Judgment in Matrimonial Matters, Official JournalC221" are introduced. Again China’s recognition system of extraterritorial courts divorce judgment is expounded. Finally, the article discusses the extraterritorial judgment recognition systems of the countries which have the treaty relationship or not with China. Meanwhile, a detailed analysis of the question of the divorce judgment recognition for the mainland and Hong Kong, Macao, Taiwan regions is made.