On The Applicable Rules Of Law About Matrimonial Relations Concerning Foreign Factor

The couple is the foundation and core of each family, marital relationship is an important part and bond of family relations. With the developed of economy and the frequent association, foreign marriages go a step further development. The international community adjusts the marital relations concerning foreign factors by the means of legislation, judicature and others, but because of the different cultures, the legal system of identity relations between husband and wife and property relations are corresponding to differences, which will undoubtedly bring a variety of disputes about marital relations concerning foreign factors. The harmoniousness of marital relations concerning foreign factors has a bearing on the quiet of family relations and the stability of society, even impact on the peace and friendship between countries. Therefore, how to establish and improve conflict norms and properly solve the conflict of laws about marital relations concerning foreign factors has become a common attention question all over the world.Taking marital personal and property relations concerning foreign factor as an object of study, and some conflict norms of marital relations concerning foreign factors in the Application of law for Foreign-related Civil Relations of the People’s Republic of China as the base of study, and combining theory with legislative practice in the representative countries of Continental law system and Common law system, and Utilizing these methods of legal interpretation and literature research and comparative research and historical analysis to analyze all-round the legislative experience in the main countries of international society and study in a deep going way of the law of our country. First of all, using the method of legal interpretation to study the basic concepts and characteristics of marital relations concerning foreign factors; then, using the method of historical analysis to study conflicts of law of marital relations concerning foreign factors and using the method of comparative analysis to study the principles of law in the main foreign countries, so that obtaining the trend of development of the rules of applicable law about marital relations concerning foreign factors in current international society, such as using the principle of meaning autonomy and the principle of the most closely link; finally, changing the research perspective from the international legislation practice to private international law of our country, to comment on the existing deletion of original conflict norms about marital relations concerning foreign factors, and to point out the bright spots and shortcomings of the Application of law for Foreign-related Civil Relations of the People’s Republic of China, and putting forward legislative suggestions to improve the conflict norms about marital relations concerning foreign factors, such as adding connecting points, specifying legal terminologies, perfecting the principle of limited meaning autonomy, taking the division system to handle matrimonial property attribution, and admitting appropriately the variability of the applicable law.