A Research Of The Principle Of Protection Of The Weak Of Private International Law In The Field Of Marriage And Family

With the more closely contact among countries in the world,the number of foreign-related families is increasing,but it also led to more controversies in the field of marriages and families.Therefore,there is the weak in the legal relationship of foreign-related marriages caused by the social environment or natural physiology.This thesis conducts research and analysis on the principle of protection of the interests of the weak in the field of foreign-related marriage and family from both theory and practice.However,the current research on the principle of the protection of the interests of the weak focuses on theoretical issues and ignores the current status of judicial practice in China.Based on this issue,this thesis states the theoretical issues of the protection of the interests of the weak first.Second the thesis identifies and analyzes the international private law and relevant international treaties,and sorts out them according to the ways to realize the principle,and finds the shortcomings in current legislation in China through comparison with these norms.The thesis focuses on an empirical analysis of China's current judicial practice.It examines the overall situation of the benefits of the weak in judicial practice through case studies.It selects typical cases for case analysis and studies the specific path of judicial decisions.In judicial practice,there is the issue of the neglect of applicable law.This thesis analyzes the degree of realization of the principle of the protection of the interests of the weak in our country through normative comparison and empirical research,and finds the shortcomings in the current legislative and judicial practice.Finally,in light of these weak points,the thesis proposes raise suggestions from the two aspects of China's private international law legislation and judicial practice.