2. According to the laws of China, divorce shall be governed by the laws of the court where the case is accepted.
Private law in China
Since the Tang Dynasty, foreigners, such as cannibals and Persians, have come to China for frequent trade. 65 1 year (the second year of Tang Yonghui), Yonghui Law stipulated that "all foreigners who commit similar crimes should follow this custom; Those who commit crimes against each other are in line with the legal theory. Law is the law of the Tang Dynasty, that is, the law of the imperial court. Because there is no clear distinction between punishment and person in Tang Dynasty, this provision is not only the provision of international criminal law, but also the provision of private international law.
After the Tang Dynasty, successive dynasties mainly adopted the policy of closing the country to the outside world, and private international law did not develop until the late Qing Dynasty. The Regulations on the Application of Law promulgated by Beiyang Government 19 18 stipulates that personal law, kinship law and inheritance law should adopt the principle of the national law of the parties, but due to the consular jurisdiction of imperialist countries, there are not many opportunities for application.
After the founding of People's Republic of China (PRC), some private international laws and regulations were formulated and relevant treaties were concluded. According to the regulations of the Ministry of Interior 195 1, the marriage between foreigners and between foreigners and China in China is governed by China law, that is, the marriage registration law.
1960 The Sino-Czech Consular Treaty stipulates that the consul can register the marriage of both citizens of the sending country according to the authorization of the sending country, but it does not exempt the parties or interested parties from the obligations stipulated in the relevant laws and regulations of the host country. The mutual registration and protection agreements between China and other countries stipulate that such registration and protection shall be governed by domestic laws.
China has signed bilateral agreements on judicial assistance with many countries, such as France. Chapter 8 of the General Principles of Civil Law stipulates the legal application of foreign-related civil relations. In order to solve international trade and maritime disputes, China has set up an arbitration commission.
The Civil Procedure Law of People's Republic of China (PRC) (see the Civil Procedure Law) has set up a special section to make special provisions on foreign-related civil procedures. 20 10, 10128 October, China promulgated the Law on the Application of Laws to Foreign-related Civil Relations in People's Republic of China (PRC).
Baidu encyclopedia-private international law