南阳师范学院学报

婚姻法律制度的有效实施是维护社会和谐与稳定的重中之重,随着各国人民之间交往日益频繁,涉外婚姻的数量呈上升趋势。由于各国婚姻法律制度存在较大差异,涉外婚姻的法律冲突现象十分常见。怎样解决婚姻的法律冲突,一向为世界各国所高度重视。2011年4月1日施行的《中华人民共和国涉外民事关系法律适用法》,标志着我国涉外民事法律关系规则更加系统化与现代化,但该法在一些方面仍有待得到进一步解释和说明。本文拟就婚姻关系法律冲突的基本理论问题进行探讨,对《中华人民共和国涉外民事关系法律适用法》婚姻家庭关系法律适用相关条款予以解读,并对相关立法司法实践问题提出完善建议。

The effective implementation of marriage laws and regulations is the key to maintaining social harmony and stability.Along with the increasing exchanges among people from all over the globe,the number of foreign-related marriage cases has been on the rise.Due to the individual differences in marriage laws and systems between countries,there are frequent conflicts of laws concerning foreign-related marriage relations,which countries worldwide have been highly committed to finding a solution to.The Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China,which took effect as of April 1,2011,indicates that China's rules and regulations prescribed for dealing with foreign-related civil relations are growing more and more systematic and modernized.However,in some respects,the law has yet to be further explained and interpreted.This paper attempts to discuss some basic theoretical problems regarding the conflict of laws for foreign-related marriage relations,interpret some articles covering marriage and family relations in the Law of the Application of Law for Foreign?鄄related Civil Relations of the People's Republic of China,and put forward some suggestions on issues of perfecting the legislative and judicial practices in China.