The Legal Requirement Of The Studeis On Divorce

As the basic cell, family would mean disintegration of the family. when it divoced. The researcher on the divorce law collectted views of different interest groups, which impacted by all aspects of society, becoming the more contentious part. The legal requirement on divorce as the key issue of divorce law has always been the main focus of the study on divorce. The legal requirement on divorce on what kind of on the legislation and the enactment of legislation, "On affection" and "breakdown of marriage" argument have always been a bone of contention. This article discusses these three aspects of the various problems about legal requirement on divorce.The first chapter mainly introduces the legislative pattern about the legal requirement on divorce. This part states generally three the legislative pattern respectively, including Fault liability, the purpose of doctrine, doctrine of three broken. Then introduced the legislative pattern about The legal requirement on divorce in the foreign countries and the historical development of it in our country. And introduced the judgment about the legal requirement on divorce in our country.which requirement should be taken. In this article, we should take the legislative pattern or the doctrine that no-fault rupture of doctrine.The second chapter mainly discusses the mode of legislation. Samly, it states generally three mode of legislation respectively. Including the list type, instantiate the abstract type summary and instantiate the abstract type summary. Then a brief introduction of the UK and Germany on the mode of legislation. It states the historical development of it in our country. Statutory the legislation of divorce cases less than a detailed review. which mode should be taken. We should be taken instantiate the abstract type summary such as the 1980 "Marriage Law" under the same. Then remove the case cited. To change the existing "Marriage Law" illustrates the provisions of doctrine.The third part stresses the rupture of an internal dispute, the "breakdown of marriage" and "affection no longer exists" on the other.1980 "Marriage Law" Article 25 of the legal requirement on divorce is defined as "affection no longer exists" Since 1 January 1981 onwards, "affection no longer exists",the legal requirement on divorce began to be scholars criticized. Since then, the beginning of the "breakdown of marriage" and "feelings already broken" the debate. Point in the text of the main support of "affection no longer exists" as the legal requirement on divorce, and detail of our choice "already emotional breakdown" as the reason for the legal reasons for divorce and support "of marriage breakdown, "the scholar's point of view. Came to the conclusion, "affection no longer exists" is still present situation in China's divorce, the legal requirement on divorce in China is still the best choice.This paper is to the legal requirement on divorce legislation through the doctrine and legislative reasons, and "affection no longer exists" and "breakdown of marriage" to these three statutory requirement for divorce in China to be addressed. To the adoption of future legislation in these three and improve our statutory requirement on divorce. in order to, the divorce judicial practice in China will provide more effective legal basis.