Research On The Protection Of The Interests Of The Weak In The Field Of Foreign Marriage And Family

In the field of foreign-related marriage and family,there are differences in economics,skills,and knowledge information,and the strengths and weaknesses are obvious.When dealing with disputes involving foreign-related marriage and family and making legal choices,it often involves the protection of the interests of the weak.The principle of the closest connection in legislation and judicial practice is over-applicable.The "favorable" clause is only a "blind eye" rule,and the application of judicial circumvention "favorable" clause and other issues.The reason is that the principle of protecting the interests of the weak in private international law is absent,and the protection of the interests of the weak is only at the level of rules.Therefore,in order to solve the problem of the protection of the interests of the weak in the field of foreignrelated marriage and family in China,the principle of protecting the interests of the weak is established in the Law on the Application of Foreign-related Civil Relations.At the same time,we can learn from the Hague Convention or the advanced legislation of other countries,and clarify the scope of the "weak" and the standards for the protection of the interests of the weak through judicial interpretation,and amend the relevant legislation on the Law applicable to foreign-related civil relations.In the judicial aspect,it is proposed to strengthen the professionalization of family trials and to optimize the way to identify foreign laws.Under the guidance of the principle of protecting the interests of the weak,we will work hard to improve the legislation protecting the interests of the weak in foreign-related marriage and family,and ensure that the law protecting the interests of the weak is effectively applied.