The Research Of Jurisdiction Of Transnational Marriage And The Appropriate Application Of Laws

The adoption of open door policy of China results in increasing contact with the world incurrent years, which also results in the increasing of transnational marriage. The law conflicts,especially the divorce cases, of transnational marriage keep on increasing. Since variouscountries have different marriage laws and application regulations, how to solve the lawconflicts has profound influence to the safeguards of litigant’s rights and interests and thestability of public order. Draw on the experience of laws and regulations of other countriesand combine with the status quo of legislation will significantly influence the improvement ofthe jurisdiction system of transnational divorce. The references could also positively affect thedevelopment trend of the application of divorce laws.The first section describes the trial process and the verdict of two cases—Yang Liu suedTianyu Lu and Bian sued Bian. The two cases’ major disputes focus on the jurisdiction oftransnational marriage and the appropriate application of laws.The second section researches the basis of jurisdiction of common divorce litigations inother countries as well as the current legislation of transnational marriage jurisdiction inChina. This section combines the case studies with the practices, and further discusses theapplication of the doctrine of Forum Non Convenience, Party Autonomy Principle andconditional restriction of Parallel Litigation in China’s transnational marriage jurisdictionsystem to improve the deficiencies of current legislation.The third section focuses on the common applicable rules of transnational divorce lawsin other countries, generalizes the applicable rules of transnational divorce laws in China. Itcombines the rules with the practices, discusses the deficiencies of current transnationaldivorce laws in China and put up the complementary suggestions to the courts of lawprinciple, while includes the doctrine of the most significant relationship and the laws that areconducive to the realization of a divorce into the legislative proposals of China’s transnationaldivorce laws.The fourth section concludes the two cases by researching the application problems oftransnational divorce jurisdiction.