涉外离婚管辖权的冲突与解决初探

On Conflict of the Jurisdiction of Divorce Concerning Foreign Affairs and its Settlement

涉外离婚关系有其特殊性和复杂性的特点,涉外离婚管辖权是解决涉外离婚冲突的首要确定的先决问题。文章针对我国涉外离婚管辖权的现状和法律规定缺陷与不足,提出些具体的立法和司法的建议,并在构建社会主义和谐社会和建设社会主义法治国家中进一步解决好中外离婚当事人法律冲突,最大限度上保护当事人的合法利益。

Divorce concerning foreign affairs is very special and complicated. The ascertainment of jurisdiction over divorce concerning foreign affairs is the prerequisite for the settlement of its conflict. Based on the pilot analysis of China＇ s current regulation on the jurisdiction over divorce concerning foreign affairs and its deficiency, with the purpose to protect the parties＇ right in the process of building a harmonious society and a socialist country ruled by law, this article is trying to offer concrete suggestions of legislation and execution.