On The View Of Freedom Of Divorce In Contemporary China

The rule of divorce is an important part of marriage system, and it is also the most controversial and disputable part with the progress of the divorce legislation principle from limit to freedom. It has gone through different stages, with different manifestations in history. China has gone through men-owned rights of divorce in ancient time, restrictions on the divorce of modern times and free to divorce at the contemporary age. Different periods of divorce systems adapt to its economic system, political structure and culture concept. From the different stages of divorce system in the history, we find that, the human pace for the freedom of divorce has become increasingly clear. It is inevitably that the emerge of free divorce in history. Freedom of divorce has become an international consensus.By describing the change of freedom of divorce from the ancient to historical, This article analyses the marriage during the Late Qing Dynasty Modern Times, also, it analyse change of the concept of marriage evolution influenced by the Soviet Union and the Western world. There are three marriages laws in china.1950 edition,described as break the old and set up new rules of marriage. And the 1980 edition,described as opening and transition. The marriage of 2001 was praised for the people-oriented trends. This change indicates our marriage legislation has gradually changed from "identity" to "contract". To some extent, changes in the law of last 20 years led to the change of perceptions of divorce. Now, when we talk about divorce, we think that we can have a good end although we separate with each other, or we can think that we can end the marriage friendly. These two idea has replace the traditional thought which says "we would rather break ten temples to break a marriage". The concept of no-fault free divorce concept enjoys popular support. We can say that the divorce problem today is not the marriage problem, but it is the problem of freedom and equality of individuals. From several revision of the previous marriage law, we know that, the adjustment of the law to marriage and family relations no longer attaches great importance to status of people, rather it focuses on the identity of an independent person,who has personality-based rights and interests. It gradually reduces the content of the effectiveness of the identity of marriage.The Increasing trend of free to divorce, is mainly influenced by integrated factors,such as the development of civil society, social transformation, the change of people's attitudes. From all of them,we found that the Freedom of divorce has gradually shifted from theory to practice, and from official development to the people. However, the freedom of divorce is not absolute, we can not rush into a divorce. We think that free divorce will not be unrestricted freedom of divorce.the modern reform of divorce legislation faces this challenge how to not only ensure the realization of freedom, but also to support the institution of marriage. We should avoid the rash and hasty in divorce to minimize damages caused by divorce of the parties to their children. We should gradually shifted from the pursuit of freedom to support the return of the institution of marriage on the premise of protecting the freedom of divorce. We should shift from the neglect of the interests of vulnerable party to focus on real fair, full considering the interests of the disadvantaged.Thinking carefully on current divorce rules and its relevant provisions, we need not only to ensure freedom of divorce, but also to ensure that the two parties can make not lightly, the willing to divorce is not out of impulse. So we have to give appropriate restrictions on the freedom of divorce. Compared with other countries, Chinese divorce Act and related regulations limits little on freedom of divorce. In other words, it is more open. At present, Chinese divorce system is full of freedom, inadequate in limitations and, which is essentially a positioning problem about the relationship between divorce freedom and social justice. What we can do to protect the freedom of divorce at the same time achieving legal equality and justice is a common problems to the practice of divorce countries. However, the abstract theory not actually solve the pain of individuals during the marriage. We can bring surface peace to the community at the expense of personal happiness in private life. Lacking of exit mechanism in marriage is a suffocation of life for individuals; we even can say it is a bomb from time to time for the community. Therefore, China should establish an effective system to achieve the equality of freedom of divorce. This article mainly pass through economic compensation system from divorce, the financial help system from divorce and parent-child relations system from divorce to improve our system and Freedom of divorce in China.