Mainland and Hongkong about marriage law conflict and coordination
|School||Graduate School of the Chinese Academy of Social Sciences|
|Keywords||mainland China Hong Kong marriage the legal conflict applicable|
Marriage is the most lasting human and close a kind of social relations, and the whole society is the Aaron human relations based on the basis and premise. Since1997, after the return of Hong Kong, the mainland and Hong Kong contact between the obstacle is cleared, between two of the neanderthals phenomenon and the relevant laws and the marriage activity increase gradually. And because the return of Hong Kong to later, our country executes is "one country, two systems" system, Hong Kong special administrative region shall still have the legislative power, causing the Hong Kong and mainland legal system of marriage of marriage between legal system must be of the conflict. From mainland China and Hong Kong legislation to the current situation, according to both the marriage between the legal system for the current problems have more shortcomings, go against the marriage between two comb family law relations.In this paper, the marriage laws conflict between the causes of the formation of solution to the conflict, characteristics and the basic principles of the briefly introduced. And on this basis, the marriage between both the essence of the system requirements, the elements of the conflict of laws and form solution was studied, and found that the both sides of the substantial requirements and form married the elements of the legal conflict situation and the basic law applicable regulations. Finally, the article in the research on the basis of both married to the current the essence of the system requirements and form the elements of conflict resolution summarized the current situation, and then analyzes the deal with the problems of the foreign experience, and try to put forward under the condition of our country to solve both married interregional conflict model system of countermeasures. Hope this paper can help to resolve the research in mainland China and Hong Kong between two married the interregional conflict law system, at the same time for the mainland and Macao, Taiwan interregional conflict law between to provide certain ideas.