The Conflict Of Laws And Settlement Of The Establishment Of Foreign-related Parent-child Relationship

With the frequent transnational personnel exchanges,the universality of foreign marriage and cohabitation relationship concerning foreign affairs,one of the consequences is the universality of the parent-child relationship concerning foreign affairs.First,parent-child relationship concerning foreign affairs is a kind of identity,on the basis of which,may exist right of authorship.There is no identity,no right of authorship.Therefore the establishment of foreign parent-child relationship status has the quite vital significance.Owing to the differences of legislation around the world about the establishment of foreign parent-child relationship status,such as the marriage to presumption of the standard,the provisions of the marriage to deny and wedlock protection degree,so the conflicts of laws are unavoidable.Based on the situation,this article tries to analyze the specific performances of the conflicts of laws about foreign parent-child relationship from the perspective of substantive law,in order to figure out what culture value and value orientation are behind it and to better solve the conflicts of laws of our country's foreign parent-child relationship.Within the provisions of Chinese substantive law and private international law about the establishment of foreign parent-child relationship,this article tries to sort out the rules of application of law about foreign-related parent-child relationship in our country,and to analyze the deficiency of the rules of application of law about the establishment of foreign parent-child relationship.Last,providing some suggestion to the solution of legal conflict of the parent-child relationship concerning foreign affairs may benefit the future legislation and judicial work.The first part of the article,adopting the comparative analysis method,compares the differences of the standard of legitimate children and born out of wedlock in the typical countries around the world,and then analyzes the reasons behind the differences.The second part and the third part respectively explore the solutions to parent-child relationship of incorporation of conflict of laws concerning foreign affairs from the two aspects of theoretical basis and the law applicable principles.Treating the principle of protecting the interests of the weak and children's best interest principle as guiding principles,and treating substantive justice,fairness,freedom as the value orientation of resolving the conflict of laws.Finally,through the concrete analysis of the rules of applicable of law,summarizes the developing the trend embodied in the process of dealing with the conflicts of laws of the establishment of foreign parent-child relationship in this current international community.The fourth part,from our domestic law,mainly analyzes the lack of the law application system of the establishment of foreign parent-child relationship and the reasons of the lack.Finally,on the basis of above analysis,in order to build the system of legal application of foreign-related parent-child relationship,the author proposes my own view.