Study On The Protection Of The Interests Of The Weak In The Relationship Between Foreign Marriage And Family

The protection of the interests of the weak is a problem that is not new in the international private law,but at present,the research of most countries remains at the level of concept.The protection of the interests of the weak is a common legal principle,which is not common in the specific rules of law and the application of law.In recent years,people's pursuit of human rights is no longer just in the form of fairness and justice.Substantive justice has become an important criterion for people to measure equality,freedom,justice and fairness.But in the actual civil and commercial contacts,there is inevitably strong and weak differentiation.People's appeal for the protection of the interests of the weak is increasing,especially in the field of the marriage and family that is stronger and weaker.This paper mainly discusses the thesis from four parts.The first part begins with the basic theory of "the weak interests protection",first has carried on the comparatively clear definition to "the weak",this paper defines the "social life of the weak","law of the weak",on the basis of summarizing the "weak" in foreign-related marriage and family relations are defined.Secondly to protect the interests of the weak theory of the emergence and development were summarized,and the protection of the interests of the weak in the third quarter of the theory are discussed in detail,the necessity of protection for the interests of the weak provides the theoretical support.The second part is the development of the protection of the weak rights in the field of private international law.In the international private law,the system of the protection of the interests of the weak,such as the recognition,the reverse,the public order reservation and so on.In the basic principles of private international law,the principles of the protection of the interests of the weak,such as the most closely related principles,the principle of benefit,the principle of autonomy and the mandatory provisions of the law,etc.The last of the private international law in the Hague convention and the international community representative countries today on "foreign-related marriage and family relations in the interests of the weak protection" collating and summarizing the existing legislation and the deficiency of the legislation are put forward.The third part is the analysis of the protection of the interests of the weak.It is mainly divided into two parts: first,the status quo of the protection of the interests of the weak by the law on the law of civil relations concerning foreign affairs;The other part is the insufficient protection of the interests of the weak.The fourth part is the legislative proposal for the protection of the interests of the weak.Mainly from the definition of the basic principles of interests to protect the weak,the weak and perfect foreign-related guardianship law applicable-"international child abduction" seven aspects such as regulating their own legislative proposals are put forward.