The Law Applies To Foreign-related Same-sex Marriage

At present,the world has more than 40 countries or regions in different forms of same-sex marriage in the legal recognition,but our country domestic legislation to develop same-sex marriage has not yet put on the agenda.On the one hand,the world's population flows are so frequent today,On the other hand,countries have different attitudes towards same-sex marriage.Thus making the issue of legal conflict of same-sex marriage increased.China's foreign-related marriage cases can not be used in the state will continue for quite a long time.China will face such a problem like this:How to deal with the effectiveness of foreign-related marriage?Now,China's civil law and the relevant law has not yet made a provision on this issue,our courts always use the public order to retain the principle of non-recognition of the same sex marriage.This article first classifies the foreign-related marriage and sums up the advantages and disadvantages of all kinds of foreign-related marriage,Through the comparative study of the same-sex marriage in countries such as the Netherlands,France and the United States,than introduces the principle of applying the law to solve the legal conflict between marriage and divorce,and from the perspective of legal circumvention and the principle of public order retention to explore the relationship with foreign similar marriage,At last,we can plus the words after "foreign civil law applicable law" Article 21 this words:Marriage conditions of same-sex marriage use The law of the place of marriage.Than the court in dealing with the case can be classified as similar to foreign marriage.And note appropriate use of the principle of order of reservation.Within a certain range to recognize the effectiveness of foreign-related marriage.Finding to protect the social and public interests of our country and the interests of our citizens and the normal balance of international exchanges.