The Study Of The Applicable Law Of Foreign-related Marriage

In today’s society, along with the globalization process, wealth and physical contact increasingly close, and continuously strengthen cultural communication integration, there are more and more transnational marriage. But at the same time, due to differences in political system and cultural environment, specification requirements for foreign-related marriage between different countries and regions are different. The steps of internationalization in advancing in our country, more close communication with other countries, the number of foreign-related marriage also more and more. Due to the provisions of the rules on the foreign marriage is different, led to the reality of transnational marriage met more and more conflict of laws. In view of this, the academia has put more focus on foreign-related marriage legal norms conflict resolving. Based on the premise of today’s academic theory research and outlook to the related system and scholars proposed the summary analysis, for instance the contradictory problems exposed in thinking, focus on the differences of specification requirements of foreign-related marriage mediation, on the basis of seriously study the law of different countries, and puts forward proposals are in conformity with the situation of our country’s relevant legal system, make every effort to dig deeper for solve the reasonable path of marriage concerning foreign affairs legal conflict. This paper is divided into five chapters:The first chapter mainly studies foreign marriage laws conflict between countries. In the mode of study, the paper from two aspects of substantial requirements and formal requirements for foreign-related marriage laws conflict by careful study. On the surface, the conflict of law in foreign-related marriage is because between countries have different legal requirements on marriage law, but careful research and analysis, it is not hard to find the different historical tradition, geography, humanities, customs, religion, political system is the deep reason of conflict of laws. In this way, the conflict of laws is unavoidable. While countries of the provisions of the foreign marriage specific requirements vary widely, but from overall can be classified as marriage is not only to meet the requirements of the formal requirements to meet the requirements of the essence of specified requirements. Paper also mainly catch comparing these two elements content analysis, clear foreign-related marriage in conflicts of law.Across countries across the region in the second chapter mainly introduces the analysis of two important worldwide related international conventions in the provisions shall be applicable to the marriage concerning foreign affairs legal conflict, the two provisions of the treaty provisions listed one by contrast analysis found that foreign marriage law applicable and reasonable reference to our country.The third chapter mainly analyzes the foreign marriage provisions of applicable law, in the first chapter in this chapter are foreign marriage, based on the substantial requirements and formal requirements apply to the analysis of the intercultural marriage at the same time, in addition to special circumstances involving foreign marriage law has carried on the comprehensive analysis and research.The fourth chapter mainly analyzes our country the provisions of the relevant applicable law in the relevant foreign marriage. The applicable law of foreign-related civil relationship in our country law in foreign-related marriage from two aspects of substantial conditions and formal conditions made provisions shall be applicable to foreign marriage law. Such from the law level of foreign-related marriage in China set up a orderly reference guide. This section in writing the paper is also related to the law applicable law stipulation for the writing center, on the analysis of the point of view, focus on the law applicable method and the "general principles of the civil law" the regulation requirements on the commonness and left of the list analysis, in order to more fully understand the provisions of marriage law applicable law concerning foreign connotation and essence is meaning.The fifth chapter is the legal application method in practice for the positive promoting intercultural marriage defects and shortcomings of contrast analysis, it is in the first few chapters of foreign-related marriage concept to grasp the cognizance and legal regulations on the basis of further extension. Although in the field of legislation in China has made great progress, but we also want to clearly recognize the law of our country on the part of institutional arrangements to appear unreasonable still perfect. This section direct contradiction problem, with reference of journal literatures review further thinking on the basis of the analysis of the deficiency in law currently published the author’s suggestion.