| Globalization is the trend of this age, as an inevitable historical development process, it is already a fact of life. In this process, the original confined to many activities in different countries within its own territory and the system is to break the national boundaries limit, as a global interaction. Modern social productivity development, in accelerating the process of economic globalization and integration, as shown in Marx’s theory, the economic base determines the superstructure, the rapid development of the economic foundation will naturally reflected in the superstructure. In today’s situation, the law must react accordingly to the society, but all the law of the country is full of regional features. In a very different fields, for the same situation, is bound to have different rules, especially the difference in the aspect of civil. Because around in the folk customs, culture, customs, religious differences of natural, in adjusting the relationship between the legal aspects, more difficult to coordinated. And as a foundation for civil relationship of marriage and family relations, its local color thick, the provisions of the laws in this regard vary greatly from country to country. When the activities of the law because people in different areas of the need to cooperate with each other, can follow a variety of contradictions and problems, the conflict of laws on the marriage and family relations are increasingly highlighted.Marriage and family is the foundation of civil society, adjust the rules of marriage and family relations in a country’s legal system has a very important position. The validity problem such as marriage is often immigrants, invalid marriage, divorce, and judicial separation, social welfare legislation, property inheritance, marriage even bigamy previous question of criminal procedure. As the internationalization of personnel exchanges, transnational marriage is increasing, the traditional marriage and family conflicts law cannot meet the growing global across areas of marriage and family relations. The new international situation of traditional marriage and family conflicts law research put forward the serious challenge, develop or modify the marriage and family conflict method is of great urgency.Marital conflict of laws in our country existing legislation basis is unsatisfactory in many aspects, such as the general principles of the civil law and judicial interpretation of marital conflict rules system, neither does not science, not only is untenable in theory, to practice more a lot of unnecessary trouble. In the real needs and public outcry environment, our country’s private international law scholars compiled by the law of the People’s Republic of China private international law demonstration law arises at the historic moment, broke the mainland China don’t have a separate the dark history of private international law code. Although the marital conflict law in private international law demonstration law part than the specific general principles of civil law is much more comprehensive, more scientific, but in many specific link remains to be improved, and demonstration method itself does not take the place of the comprehensive theory in this paper.In recent years, some countries have formulated or revised its foreign-related marriage legislation, continental law system countries, such as Germany, the main common law countries, such as Britain, also including foreign marriage legislation more advanced countries such as Austria, Romania and other countries, there are some special state legislation, such as Louisiana, Quebec, Canada, the United States, of course, there are some similar background compared to our country legislation in countries such as Russia. Private international law legislation in our country is under the guidance of professor Han Depei, after years of discussion, on August28,2010, the11th National People’s Congress were unveiled at the17th session of the standing committee of the People’s Republic of China foreign-related civil relationship between law applicable law (draft), on October28, and in2010passed the "foreign-related civil relationship between law applicable law of the People’s Republic of China (hereinafter referred to as foreign-related civil relationship between law applicable law), and decide to come into force on April1,2011.It is our country for the first problem of private international law of common law, including the foreign-related marriage and family problems are discussed with rules. Compared to the regulation of our country’s laws and regulations for foreign marriage before, it should be said that the law provisions on foreign-related marriage has a great progress.It is true that the content of the foreign-related civil relationship between law applicable law has its reasonable place, but its defects also not allow to ignore. For example, our country law about foreign marriage law is not perfect, not in line with international standards and other issues, is before us the problem that not allow to ignore. This paper, taking the foreign-related civil relationship between law applicable law of foreign-related marriage law applicable requirements of law or article21and article22as a starting point, combining with the current legislation of foreign cases, a more comprehensive analysis of the status quo of the current marriage law concerning foreign affairs to apply, progress and deficiency, and on this basis puts forward some Suggestions to perfect. Full text in addition to the preface and epilogue, is divided into three parts:Preface:mainly introduce the purpose of writing this article and realistic significance. In the international society of globalization today, the development of economy, science and technology and the network closer to the distance, and the more and more transnational marriage to different regions, in the face of the individual and the country’s interests, the law conflict is inevitable. Therefore, analyze the existing foreign-related marriage laws problem argument is necessary. This paper introduces the social content on the basis of relevant foreign marriage laws apply, lead to the present situation of the current marriage law concerning foreign affairs to its progress give praise, deficiency, and puts forward some Suggestions to perfect.First part:A brief introduction to the applicable law of foreign-related marriage system. First of all, discussed the foreign-related marriage law applicable to the main system, in which the same and the difference between system, and on the same system and compares the difference between system analysis. Secondly, to foreign marriage law conflicts and foreign-related laws problem are analyzed respectively, the two problems and specific for the substantial requirements of marriage concerning foreign affairs legal conflict and legal application and foreign-related marriage form elements of conflict of laws and the applicable law.Second part:After introducing the world after marriage law applicable to the main system, the present foreign and link back to this part of our country, this paper discusses the intercultural marriage law system in our country. Firstly, this paper introduces the foreign-related marriage law applicable legislation practice in our country, including before the April1,2011Chinese foreign-related marriage legislation of private international law practice and China’s new after the implementation of China’s foreign-related marriage legislation practice. Secondly,"the general principles of the civil law" and "foreign-related civil relationship between law applicable law in the provisions on foreign-related marriages were analyzed, pointed out that the four differences. For these four things:compared with the old method of the law in the subject more comprehensive, the law on marriage elements used to distinguish system, between the new law has enriched the relevant requirements of marriage and the new law to unilateral applicable conflict rules for selective conflict rules shall apply.Third part:Intercultural marriage law system in China is discussed, including the marriage concerning foreign law applicable legislation practice, our country marriage law concerning foreign affairs suitable progress and disadvantages and applicable law concerning foreign affairs or foreign nationals in China get married less than put forward some proposals to perfect sex. Applicable law concerning foreign affairs or foreign nationals in China to get married is the substantial requirements of marriage between lack, lack of operability in practice, the law of the wording meaning is not clear, lack of complete clear deficiencies such as the legislative and judicial interpretation. Perfect we can from the following aspects:the most significant relationship principle as the principle in order to make up for the lack of connection point and avoid an increase in choice of law of flexibility at the same time, the loss of maneuverability, the wording of the part is easy to cause ambiguity remains to be measured, a clear legislative and judicial interpretation as soon as possible. The purpose of this paper is to perfect the system of foreign-related marriage law in our country, promote the improvement of legal system in China. Concerning foreign affairs suitable progress and disadvantages and applicable law concerning foreign affairs or foreign nationals in China get married less than put forward some proposals to perfect sex. Applicable law concerning foreign affairs or foreign nationals in China to get married is the substantial requirements of marriage between lack, lack of operability in practice, the law of the wording meaning is not clear, lack of complete clear deficiencies such as the legislative and judicial interpretation. Perfect we can from the following aspects:the most significant relationship principle as the principle in order to make up for the lack of connection point and avoid an increase in choice of law of flexibility at the same time, the loss of maneuverability, the wording of the part is easy to cause ambiguity remains to be measured, a clear legislative and judicial interpretation as soon as possible. The purpose of this paper is to perfect the system of foreign-related marriage law in our country, promote the improvement of legal system in China. |
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