Foreign-related Legal Application Of Marital Property Relationship Problems Research In China

The current rapid development of world economy and global integration trend intensified, makes the transnational marriage and the phenomenon of individuals and families to emigrate is increasing, these are continuously put forward concerning foreign affairs legal applicability of marital property relationship. For the research of this problem, the husband and wife property relationship of applicable law concerning foreign affairs in the world, on the basis of traditional clarity and stability, through to soften the conflict rules make it have the flexibility and adaptability. System of our country at present, the theory of intercultural marriages has begun to take, but the research in the field of foreign marital property relationship is deep enough. Promulgated in2010\"foreign-related civil relationship between law applicable law of the People’s Republic of China on the provisions of the husband and wife property relationship concerning foreign affairs to absorb the research results and practical experience in the field in our country, draw lessons from the advanced legislation in the world view at the same time, the basic conform to the marital property relations, the development trend of applicable law concerning foreign affairs but there also needs to improve and perfect. In this paper to study the rules of law applicable to foreign marital property relations, help in theory for the theoretical system of the marital property relationship concerning foreign countrys, at the same time, through the analysis of the existing laws in our country and put forward Suggestions, for the improvement of the law and the judicial practice also has a positive role.In this paper, the relationship of marital property involving foreign elements in question research is divided into three parts:The first part introduces the concept and characteristics of foreign marital property relations, as well as the causes of the formation of conflict of laws and solutions. Terms of conflict of laws in our country in foreign marital property relationship problems mainly include the reflect marriage marital property system of property rights conflict of laws, applicable law divorce belongings is broken up, and involves the husband and wife property relationship with the third person deals, etc. Foreign marital property relations in addition to the same as husband and wife property relationship of domestic law have strong personal attributes and more complex nature of the property, but also has the unique factors, the significance of the court of jurisdiction concerning foreign affairs, the significant embodiment of disgraceful consideration and with the international economic transactions between solidarity and so on characteristics. Its conflict of laws is mainly in transnational marriage increase under the time background, due to marital property system of laws provisions differ in thousands ways for dispute. Affected by the traditional culture deeply about foreign marital property relations is difficult to solve by using the method of uniform substantive law, the adjustment method of conflict law, therefore, is currently the best way to solve the foreign marital property disputes.The second part expounds and analyzes the applicable law concerning foreign marital property relationship rules and its shortcomings. Has been clear about the our country law in foreign-related marital property relations in the provisions of applicable law absorbed what is advanced in the field of private international law, the personal law principle and party autonomy principle, content of locus method principle, the principle of the closest is blended in among them, make up the blank of our country law, also complied with the legislation trend today. In rapid progress, on the basis of our existing laws should see foreign marital property relationship exists on the application of law to regulate deficiency, mainly on the effectiveness of the party autonomy and restriction on the issue of lack of detailed rules, the provisions in the main place of property the use of the connection point is up for debate, only two legal connection point is difficult to deal with the reality needs, about the content of the applicable law changes have not been involved.The third part the author stood in adhering to ensure clarity and flexibility of give attention to two or morethings legislation attitude, adhere to the coordinated form justice and substance justice on the position of the value choice of the marital property relationship concerning foreign law applicable rules put forward legislative Suggestions. Proposal involves the following aspects: one is about the regulation of party autonomy, argues that in the case of both spouses agreement specifies the applicable law shall stipulate the law choice must be made by consultations between the parties in writing, agreement should be dated and signed by both sides of husband and wife or affix one’s seal, the choice of law agreement, apply to the choice of law or choice of law agreement made in law, and regulations with respect to its property of husband and wife with a third person in the applicable law of the situation.2it is to the main property is located in the current law, a connection point modified, delete the connection point and the modification of judicial interpretation between the two methods, the present stage, the author tend to through the judicial interpretation is the main place of property as real property is located, and before the new law specifies the agreement comes into effect between husband and wife, this period of all property including real property are ruled by the law of the place where the property is of both selected. Three is rich legal applicable law applicable, which make Suggestions from two aspects, on the one hand to increase the marriage and the two points to make up for only two points is difficult to meet the needs of the current situation, on the other hand rules the law had no choice, often home to law apply together, common nationality law, the marriage law of the place or court in the law of the place is good for the law to protect the interests of the weak, thus ensuring the foreign marital property relationship disputes, the referee the realization of substantial justice. Four is allowed to change in the applicable law is limited, namely the common often home to intercultural marriage property relationship of spouses have no choose law or no settlement is reached through negotiation, the parties during the marriage to change common residence, often in accordance with the provisions of the law in our country continuously for over a year as the applicable law, the validity of the new law, and only in a couple living in new homes often the property obtained after full legal age, even if the property is in the new location before expiration, the applicable law.In this paper, the main innovation lies in explaining the property is located the connection point, as to avoid the ambiguity of the applicable law; Couples do not specify a legal case has increased the marriage law and the courts to apply, and introduced the principle of protection, in order to clear, fair and reasonable solution to foreign marital property relationship disputes; Applicable to the changes of the applicable law is a combination of domestic of the general principles of civil law, both to maintain the vested interests of the parties, also can adapt to homes and to change the law applicable to change.