试探解决海峡两岸婚姻法律冲突的有效途径

Exploration in the Practical Solution of the Marriage Law Conflicts the Two Sides of the Taiwan Straits

海峡两岸的婚姻法律冲突作为区际法律冲突,大陆采取类推适用国际私法的原则,台湾采取自行制定区际冲突规范的方式予以解决,但两种方式都有其明显不足。本文认为解决两岸的婚姻法律冲突应根据两岸关系的现状及结合世界各国的经验,有步骤、分阶段进行。

As for the marriage law conflicts, the interregional law clash, between the two sides of the laiwan Straits, Mainland adopts the principle of the private international law by analogy, and Taiwan uses the standard of the interregional clash, to resolve the conflicts, However, either of the two methods has its own defects.Considering the status quo of the cross-straits relation and the experiences of other countries,this paper suggest that marriage law clash should be settled step by step.