The Application Of Domestic International Divorce Law

With the development of society, the contractions among the different countries frequently,while the foreign marriages have upward trend。This phenomenon also brings the legal conflicts of international marriage and family,especially about the international divorce。Different countries has different legal,so how to deal with the legal conflicts has a significant effect on the protection of the interests the of parties and the maintenance of public order。In this article,through reference to the relevant provisions of the foreign countries and combing with our country legal regulation,is proposed to divide four parts to introduce the cause of China’s application about international divorce law,and analyzes the bright spot of the《Law of PRC on Application of Laws to Foreign-Related Civil Relation》,and point out the defects about China’s application of international divorce law about the specific of the case,then makes some recommendations。The first part illustrates the divorce agreement and divorce proceedings respectively,by the case of Song and Sen,Guli and Hudson in the international divorce,and briefly described and analyzed。It aims to have a general understanding about the international divorce agreement and divorce proceedings。The second part is the concept of international divorce characteristics to a general analysis of international divorce,and analyses the reasons of international divorce from the cases’ particularity and complexity and the relationships between the jurisdiction and the application of law。The third part firstly analysis the concept and characteristics of the applicable law and then introduces the scope of international divorce。This part mainly analyses the principles of the current international divorce law at the international community,and the make appropriate comparative analysis of these principles, highlighting the advantage and disadvantages。The fourth part mainly analyze the legislative development and highlight of the international divorce law。At first,this part makes a brief introduction about the legislative development of domestic international divorce law。The second,the paper compares the《Law of PRC on Application of Laws to Foreign-Related Civil Relation》with《The General Principles of Civil Law》。The third, this part discusses the current《Law of PRC on Application of Laws to Foreign-Related Civil Relation》from the improved of the law level、the amplification of scope of action、increased the application of uncontested divorce and the introduction of principle of autonomy。The last part of this paper summaries the deficiencies in domestic international divorce law,and combines with the preceding analysis to make some constructive suggestions。...