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Research On Divorce System

Posted on:2005-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:T YuFull Text:PDF
GTID:2156360122999750Subject:Law
Abstract/Summary:PDF Full Text Request
The marriage is a major issue in life, the family is a cell of the society, people's marriage family relationship is one of the most important social relationships. Marriage stability of family relationship, foundation of social stability, correct to change the marriage family relationship, involve the huge numbers of families, the vital interests of men and women, old and young. In recent years, people's court among handling civil case all kinds of, divorce case still in increase year by year, bring the enormous pressure in manpower and material resources to the people1 s court, with the enlargement of the quantity of case, deal with degree of difficulty strengthen. This text divorce to our country current " marriage law " relevant problem of the system make the shallow analysis of layer and describe only. And to concrete to is it divorce case deal with and put forward one's own view about the practice problem to handle, the full text divides into three major parts altogether.First part of thesis divorce to couple system go on the summary. Define couple divorce system mainly including divorcing by agreement system and divorcing by judgment system. Divorce by agreement system mean couple is it divorce to agree to unanimously, all reach an agreement on the questions related to divorcing, both parties go to the registering organ of the marriage to handle the legal system which removes the marriage relation in person. Characteristic its simple swift to benefit the stability of the society. Judgment divorce system mean couple because of the legal reason, put forward divorce proceedings to people's court, the people's court adjudicates the system that permit divorcing or not according to relevant laws and regulations. Its characteristic hasstrength of forcing in the country. Review divorced system of ancient times such as our country divorce with western society system compare in early days at the same time, explain U.S.A. divorce current situation of system, understand the east, current to divorce the origin and development of the system the west emphatically.Gentle two parts prove of our country current couple divorce concrete regulation of system and divorce legal consequence. Think new one chapter of" divorcing " of" marriage law ", nearly each one is changed. Content that revises these divorces by agreement system divorce judgment the system clearly. It prevents to be false to divorce, not rash to divorce and is it divorce to break in divorcing by agreement. In addition both sides must reach one party household register marriage registration authority of site apply to apply for divorcing registration in person. Mention soldier, prisoner divorce by agreement issue divorce agreement concerning foreign affairs law of issue applicable to. Divorce to of our country judgment legal standard should is it regard with marriage as legal generality standard evaluate and analysis to break, think legal standard that judgment divorce law circles focus issue one of that dispute always in our country, our country is it have " reason theory " and " emotional theory " battle to blow the fifties. " marriage law " this is it cause " emotion break " " marriage relation break " hand in and dispute " " to revise, I maintain is it replace from marriage emotion break , break doctrine divorce entity of principle should marriage to break, but not the emotion. Is it break entity to regard marriage as, can contain marriage of the relation all, emotion of couple regard as couple content of cultural life one of, only marriage a part of life, it varies and totally substitutes all respectsof forming the marriage entity either, marriage have heavy person who forgive, take with science, overall reflection couple unable to live together overall picture when. Mention of our country people's court is it divorce case assert couple emotion is it should is it 4 think to insist to break to handle too in addition, one see marriage foundation, two watch emotion after marriage, three watch reason for divorce, four think possible to become reconciled, i...
Keywords/Search Tags:Research
PDF Full Text Request
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