Research on the Protection of the Interests of the Vulnerable in Foreign-Related Marital Relations

Abstract

In foreign-related marital relations, the asymmetric interest structure formed due to cross-border settlement causes foreign parties to face significant rights and interests imbalances and be in a weak position due to multiple adverse effects such as social resources, legal cognition, and information acquisition. The current "Law of the People's Republic of China on the Application of Laws to Foreign-Related Civil Relations" only introduces the principle of protecting the weak in the inheritance and guardianship systems, ignoring the predicament of the weak in marital relations. It is better to introduce the principle of protecting the interests of the weak, emphasize that in foreign-related marital relations, the core rights of either party shall not be excluded under the pretext of autonomy of will, clarify the protection standards for the interests of the weak, recognize the hidden cost input of the weak, and at the same time clarify the judgment criteria in favor of the weak in adjudication, so as to realize the protection of the interests of the weak under limited autonomy of will.