| Since 20th century, the International private law pursues essence justice rather than form justice and attached more importance on the fairness and rationality of the outcome of foreign-related civil and commercial dispute. This change of value pursuit brought to the needs of the foreign-related civil and commercial relations between the interests-related parties. After the Second World War, the popularity of international community cultural protection concepts requires countries re-examine the rationality of the civil and commercial disputes from the perspective of humanistic view. Thus, the theory that international private law should protect the interests of the weak obtained the support and development. In transnational civil and commercial activities, different individual is unequal in some aspects such as the capability of resource, information and capability. However, this situation is not allowed due to the fairness of international private law.Due to the weak status of relativity, uncertainty and so on, it isn’t realistic to distin-guish and define the advantage and vulnerable groups of the foreign-related civil and commercial relations in private international law, so legislations of all countries which discuss the protection of the vulnerable groups are in certain range, including intercul tural marriage and family relations, international consumer contract relationship and the infringement of foreign products etc.Through the conflict rules of nations, the protection of the vulnerable groups is ma inly focused on the foreign marital relationship, foreign adoption and foreign-related maintenance and so on, because the classification of the advantage and vulnerable gro ups in this field is clear and widely accepted. Consequently, this essay analyze the system and principle of international community for protecting the weakness in the foreign-related marriage relationships. Then analyze the weakness of our country and learn from the experiences of foreign legislation. Finally, describe how to protect the interest of the weakness people in the foreign-related marriage relationships in China. |
