On The Principle Of Protecting The Weak In The Application Of Law Concerning Foreign Marriage And Family Relationship

The beginning of the twentieth Century, the private international law of valueis by paying attention to the formalism to focus on substantive justice,legislation of international private law countries also focus on justice,substantive justice, pay attention to the rights of the weak, special protection ofthe weak, and its provisions in legislation on the weak status of women,children, the interests of consumers to protect, in private international law forthe weak are now protecting particular become general trends in nationallegislation. Private international law in the international civil and commercialrelations as the adjustment object, the parties in civil equal legal status, butpart of the parties due to unbalanced market resources, the possession ofinformation technology and economic strength, compared to other parties in aweak position, should give special protection to the rights and interests, inorder to achieve real equality between the parties.These based on the current situation, this paper tries to start from the angleof the international private law, the basic connotation of the word, clear thescope, so that more vulnerable groups rights can be protected to the maximumextent. Aiming at the protection of the weak interest concerning foreign affairsin China in the field of marriage and family problems and loopholes, protectionof the weak on the relationship between husband and wife, foreign-relatedmarriage and family of the relationship between parents and children, custody,adoption in areas such as analysis, comparison and analysis of foreign-relatedmarriage and family in which several aspects of the protection of the weaklegislation and regulations of foreign legislation and international conventionanalysis of problems in our country, protection of the weak interest, as theconstruction of China’s private international law to protect the rights andinterests of the weak system of reference, in the hope to benefit the futurelegislation and judicial work.