论我国涉外婚姻家庭关系法律适用中弱者利益的保护-法律（非法学）专业论文.docx

The The interests of the weak protection in foreign marriage and family relation Application of law in China Maser candidate：Li Meng jie Tutor：prof．Qin Jianrong Major：Law Orientation：Private internationallaw Grade：2014 Student ID：2014011197 Abstract Since the 1948”Universal Declaration of human rights”published，human rights concepts，all social circles have begun to re。examine their own academic”faimess and justice”and to prove． Scholars began from the previous focus on”formal justice”to”substantial justice”，by the end of twentieth Century，the academia in the development of private international law，international society of private international law of the emergence of a new leap，the representative is the American scholar lafflar is proposed for better legal claims，”he thought should be justice，goodness and morality of these ideas into the conflict areas．Since then．the private international law circles f内m the beginning of the traditional pursuit of”conflict justice”to”how to achieve the goal of the transformation of substantive justice”，the one one straight as subjects of rights by academia， protection of the interests of the weak is”justice”The proper meaning．The interests of the weak reflects the cognitive social morality and human rights consciousness，people are beginning to realize that the individual in the physical，economic conditions，differences in social life，so that’’everyone is equal before the law”is the basic principle to the essence must be reflected in the relevant legislation to give the weak tilt protection sure．The weak party，said Shi meter to protect the interests of international trade in the international trade law as early asanthology．is not only the needs of justice，but also the developed countries need self interests．Many scholars in promoting the research and demonstration under the international law circles have in their conflict rules legislation the introduction of the principle，some take it as a basic principle guiding our country’S l