The Application Of Domestic International Divorce Law

With the development of modern society,the interaction between the state and the country,the country and the region,the region and the region is increasing,mainly in the fields of politics,economy and culture.Then,the personnel communication is becoming more and more close.In recent years,the number of foreign marriages has soared.But the national and regional customs and national traditions and the cultural levels between people,thinking,cognitive ability and other differences,it will inevitably lead to the breakdown of foreign marriage,which evolves into divorce.As the provisions of the law on the application of foreign divorce are very different,and in foreign divorce cases the conflict of laws is particularly prominent.The application of the law is related to the protection of the rights and interests of the parties and the maintenance of public order,so the correct handling these conflicts becomes very important.This article,by referring to the provisions of the international community and related countries,comments on China's relevant legislation,points out its progress and shortcomings,and puts forward relevant suggestions.It is divided into four chapters:Chapter 1: Through the simple description and general analysis of the two parts of foreign divorce,it is pointed out that there is a conflict that can not be ignored in the application of foreign divorce law,because of the relevant provisions of each country.Chapter 2: Because of the existence of conflict in foreign law,it is necessary to talk about its settlement rules.Therefore,in this part,the author introduces the new development and the traditional rules of applicable rules of law applicable to foreign divorce law.Which the traditional rules of the court to the law,the parties to the national law,as well as the overlap between the two apply and choose the application of traditional rules.The new development rules are: the law of divorce,the principle of autonomy of will,the principle of the most closely connected,the principle of diversification of the choice of law.Through the comparison and analysis of the above rules,the paper analyzes the shortcomings and shortcomings of each rule,and analyzes the problems existing in the application of foreign divorce law in China and the fourth chapter to solve the problem,and provide theoretical basis and practical reference.Chapter 3:Introduce the legislative process of the application of foreign divorce law in China,and focuse on the current law for foreign related civil relations on foreign divorce,There are still existing problems of the applicable rules on foreign divorce law.Chapter 4: Aiming at the problems in the third chapter,deeply analysis of the problems of reasons,suit the remedy to the caseand put forward the corresponding legal advice.There are many problems,such as the unclear applicable law scope on divorce agreement,the relatively narrow choice of range of the applicable law,the undisitiguished substantial requirements and formal requirements on agreemental foreign divorce,the difficult to be recongnized and compulsory execution on agreement of foreign related divorce and encouraging the parties to choose the court,affecting the predictability and stability of the application of law,deficienct recognition and enforcement of judgments and so on.