我国婚姻家庭冲突法立法的新发展

2010年10月28日通过的《中华人民共和国涉外民事关系法律适用法》在诸多方面有所突破与发展,在中国国际私法立法史上具有里程碑意义。就涉外婚姻家庭法律适用立法而言,该法调整的涉外民事民事法律关系进一步拓展,冲突规则更具有灵活性,意思自治原则的采用彰显了冲突法对私权的尊重与保护,保护弱者利益原则的引入申明了冲突法对实质正义价值目标的追求。

The Latest Developments in China's Legislation of Conflicts Law For Marriage and Family

The Law on the Application of Law for Foreign-related Civil Relations of the People’s Republic of China,adopted on October 28,2010,has made a breakthrough and gained development in several aspects,a real milestone in the Chinese legislative history of private international law.As far as the legislation of the application of law for international marriage and family is concerned,the improvements are mainly as follows:further expansion of the regulating object;more flexibility added to conflict rules;the doctrine of the autonomy of the parties demonstrating respect for and protection of private rights;and the introduction of the principle of safeguarding the interest of the weak which declares the pursuit of substantive justice inherent in conflicts law,