Study On The Legal Issues Of Sino-vietnamese Marriage

The state and society are made up of a family,family means a great deal to everybody,the child was born and raised in the family,parents in the family,mature,aging,family life occupies most of the time,a person involved in the marriage and family law is closely related to every citizen.At the same time as the global high-speed convenient traffic and economic rapid development,the various countries'citizens interact and transnational population movements become increasingly frequent,multinational work,international labor service export,international study and communication,foreign marriage and family relations also arises at the historic moment and shows the tendency of continuous development and complex and diverse.With the exercise of the policy of opening to the outside world,the marriage status has been developed from the two countries in the frontier region extended to less developed areas on the mainland,in the vast rural poverty occupies a considerable proportion,can look forward to with the improvement of China's economic level,the intermarriage between the will present a trend of increasing year by year,the marriage law issues in the research has realistic demand.Status in the marriage in Vietnam's domestic extension from previous Hong Kong-related involving Taiwan to mainland China,this kind of phenomenon also cause the attention of Vietnam's legal scholars,^?1?"Honnhan Trung-Viet"?sino-vietnamese?is Vietnam research scholars use the terms of the multinational marriage,used to indicate the mainland China and Vietnam transnational marriage relationship between the two countries.We will properly adjust the relationship between the two families and safeguard the lawful rights and interests of the parties to the marriage,so as to ensure friendly exchanges between the Chinese and Vietnamese people.Marriage law relationship is different from other kinds of legal relationship is involved in personal relations,and personal relationships relevant property relations,parent-child inheritance,is prone to volatility,flexibility,the follow the autonomy,more directly involved in the country's public order and morality of traditional culture.This article will combine the research of scholars and the author work contact,trial involving in the divorce case,through the comparison of the marriage and family law,domestic law in both countries about,invalid marriage and revocable marriage or divorce,division of marital property,jurisdiction provisions,legal conflict between applicable law and conflict resolution,this paper studies the difference of the marriage law and the applicable law conflict problems,using the method of comparative analysis,legal interpretation,case analysis,analysis of the problems with the marriage law of the superficial.The full text is divided into six chapters:The introduction introduces the current situation and basic characteristics of the intermarriage between China and Vietnam,summarizes the research status at home and abroad,and points out the practical necessity of studying the legal issues of marriage between China and Vietnam.The second chapter introduces the provisions of Sino-Vietnamese marriage law.The third chapter compares the conflict between the Chinese and Vietnamese laws on marriage,and the fourth chapter compares the conflicts between the Chinese and Vietnamese laws on divorce.The third and the fourth chapters are the basic problems of this thesis,and the differences between China and Vietnam in their respective domestic laws and regulations on marriage and divorce are compared and analyzed.The fifth chapter is about the solution to the conflicts in the application of marriage law between China and Vietnam.There are two solutions.The provisions of their respective domestic conflicts laws are indirect solutions.The two countries signed bilateral agreements and joined the multilateral international treaties as a direct solution.In the last chapter,the author puts forward some proposals to improve Sino-Vietnamese law conflict resolution:perfecting the domestic laws and regulations on the conflict of marriage law between the two countries,including increasing the connection points,improving the autonomy of limited meanings and focusing on the protection of the rights of the weak;strengthening bilateral,Multilateral agreement in the field of marriage signed.The last part is the conclusion,summarizing and summarizing the full text.I hope this article can provide a reference for the stability of Sino-Vietnam marriage and Sino-Vietnam friendship.