The Enlightenment To China Of The Matrimonial Property Regimes Regulation

In the context of today’s world integration and economic globalization,people from all countries have more frequent international civil and commercial exchanges,which has resulted in a large number of foreign-related marriage relationships.As the number of foreign-related marriages continues to increase,EU member states have different social backgrounds,ethnic customs,religious beliefs,etc.,leading to legal conflicts in foreign-related marriage disputes among EU member states.To this end,on June 24,2016,the Council of the European Union passed the “Regulation No.2016/1103 on Strengthening Cooperation in the Field of Jurisdiction,Applicable Law,and the Recognition and Enforcement of Judgments in Matters concerning the Validity of Matrimonial Property”(hereinafter referred to as The EU Matrimonial Property Regimes Regulation),coordinate and unify the legal systems of the member states in terms of jurisdiction,application of law,and recognition and enforcement of judgments.This article uses literature research,text analysis,comparative research and other research methods to introduce the main content of the The EU Matrimonial Property Regimes Regulation of the Council of the European Union.Through research and analyze of private law issues,such as the jurisdiction of foreign-related matrimonial property cases,the application of law,the recognition and enforcement of judgments,combined with the status quo of our country’s legislation,this article aims to provide references for our country’s relevant legislation on the basis of objective evaluation and analysis of the The EU Matrimonial Property Regimes Regulation.This article consists of three chapters:The first Chapter provides an overview of the The EU Matrimonial Property Regimes Regulation,focusing on the analysis of the legal conflicts of foreign-related matrimonial property relations in EU countries,sorting out the background and formulation process of the The EU Matrimonial Property Regimes Regulation,and introducing the scope and effectiveness of the regulations.Meanwhile it explained in detail the current legislation and existing problems of our country’s foreign-related matrimonial property legislation.The second chapter focuses on the provisions of the The EU Matrimonial Property Regimes Regulation concerning the jurisdiction of foreign-related matrimonial property disputes,the application of law,and the recognition and enforcement of judgments.In this chapter,an in-depth discussion will be conducted on the application of the principle of direct jurisdiction,limited autonomy of will,and the specific rules for the recognition and enforcement of judgments determined by the regulations.The third chapter is based on the previous research,an objective evaluation will be made on The EU Matrimonial Property Regimes Regulation.On the basis of analyzing and comparing the advantages and disadvantages of the regulations,in view of the deficiencies of our country’s foreign-related matrimonial property legislation,on the basis of drawing lessons from the regulations,suggestions for perfecting our country’s corresponding legislation are put forward.