Foreign Marriage System Outside China

　　 I. foreign marriage outside China

China's legal provisions concerning marriage concerning foreign affairs are mainly reflected in the following provisions: the regulations issued by the Ministry of civil affairs, the Ministry of foreign affairs and the Ministry of public security in August 17, 1983 on the registration of marriage between Chinese citizens and foreigners, and some provisions issued by the Ministry of foreign affairs and other departments issued by the Ministry of foreign affairs in November 28, 1983 concerning the issue of marriage of overseas Chinese by overseas embassies and consulates. In December 9, 1983, the reply of the Ministry of Civil Affairs on handling several foreign-related issues in marriage registration (hereinafter referred to as "reply") and the general principles of civil law adopted in April 12, 1986 are presented as follows:

1, Chinese citizens and foreigners marry outside China. According to the provisions of the 147th and 150 articles of the general principles of civil law, Chinese citizens and foreigners marry outside China. The substantive conditions and formal requirements of their marriage are applicable to the law of marriage concluded, namely, the application of the foreign law, but the application of the foreign law shall not violate our public order.

2, Chinese citizens get married outside China. (1) according to the Ministry of interior in March 31, 1956,

Concerning the contents of the letter of the Ministry of foreign affairs concerning the registration of the marriage of staff members of foreign organs in China, consular marriage may be held at the foreign consulate in accordance with the provisions of the Chinese Marriage Law on the premise that the consular marriage is recognized by the foreign country. (2) the law of marriage concluded by Chinese citizens in foreign marriages shall not be contrary to the prohibited provisions of Chinese laws. The above provisions are embodied in a number of provisions of the 1983 issue concerning the handling of marriages of overseas Chinese by embassies and consulates abroad.

3, foreigners marry outside China. The marriages of foreigners outside China are based on China's " General principles of civil law Since the marriage of Chinese citizens and foreigners is allowed to apply the law of marriage, if the marriage law is effective, China will generally recognize its marriage effect. Even if some marriages are not established according to our laws, our country also accepts facts.

　　 Two. Divorce in foreign countries outside China.

If a Chinese citizen or a foreigner asks for divorce from abroad, he should first know the relevant laws and regulations of his country. For example, the substantive and formal elements of divorce related to foreign affairs should comply with the legal provisions of which country. In most countries, the substantive provisions of divorce apply to the law of the place of the court, that is, in which country a divorce petition is filed, the divorce law should be determined according to the law of that country. Such provisions are adopted in the United Kingdom, the United States, Sweden, Norway and a number of South American countries. Some European countries advocate that they should be based on the law of the country of husband and wife, that is, the law of nationality and state.

1, foreign marriage and divorce, Chinese citizens live abroad, and one side lives in the country. No matter what direction the court of China raises, the people's Court of the country's domicile shall have the right to administer it. If a foreign party prosecute a court in the country of residence and the people's court prosecute in the first place, the people's Court of China has the right to accept it. If both parties are going abroad, they shall bring a suit to a people's court for divorce.

2. Divorce cases involving foreign countries. overseas Chinese If the court of a settled country is to divorce a lawsuit, it shall not be accepted by the court of jurisdiction under the marriage. If a party brings a divorce suit to a court in China, it shall be accepted by the people's Court of the place where the marriage is concluded or one party is at the final residence of the country.

3. Overseas Chinese who are married or settled overseas should not be accepted by the courts of the country of residence in the case of divorce proceedings. If the parties concerned bring divorce proceedings to our courts, they shall be accepted by the people's court at the original domicile of the party or in the last place of residence in the country.

4, when a Chinese citizen has filed a divorce in a people's court abroad without settling down, it shall be under the jurisdiction of the people's Court of the plaintiff or the defendant's place of residence.

5, whether a Chinese citizen or foreigner requests divorce from outside China shall be decided by the court in accordance with its national law.

6. Jurisdiction over divorce cases involving Hong Kong, Macao and Taiwan can be compared. Foreign related cases Handle.

7, both parties are required to divorce in China for foreigners or stateless persons. If the marriage is concluded in China, the court of China has jurisdiction. If the marriages of the two countries are concluded abroad, the courts in China generally do not accept them; if the two sides reach a divorce agreement, the court of China can accept jurisdiction. However, it needs to be explained that whether the two parties' States admit that the civil mediation agreement issued by a third country court does not admit that it is best not to divorce in China, and that the two countries can recognize divorce in China.