大陆地区涉外婚姻家庭法律选择规则的反思及其完善——以台湾地区《涉外民事法律适用法》为参照

Abstract:The enactment of Law of the Mainland China on Choice of Law for Foreign-related Civil Relationships and amendment the Law Governing the Application of Laws to Foreign-related Civil Matters of the Taiwan Area has a significant role.Choice of Law Rules Regarding Foreign-related Marriage and Family Relations in Mainland has the following characteristics：the content is relatively comprehensive，covering the main issues of the law of marriage and family with foreign elements；Add a couple of rules of Personal Legal Effect of Marriage and Matrimonial Property，the personal and property relations of parent and child personal and property relations，and Uncontested Divorce；modify some existing provisions，such as habitual residence being the main point of contact of lex personalis；fully embodying the principle of favourable law；using the principle of party autonomy；showing the legislation orientation of attempting to make a balance between the certainty and flexibility.However，some detailed specific provisions are still worth reconsidering.Compared with the provisions of Taiwan area，there is a need to improve the legislative technique of the legislation of mainland China，reduce some mistakes in detail，and increase the operability of the law and rules of protecting the interests of the third party.

收起