Resignation Divorce System Research

Divorces the free principle is the basic principle which in the marriage law establishes. Entrusts with marital litigant both sides to divorce the freedom, is to the litigant meaning respect, is also the modern divorce method request inevitably. The respect marriage litigant both sides' divorce freedom, enables these preserve marriage ties to obtain promptly with difficulty relieves, is not only advantageous in defends litigant's legitimate rights and interests, moreover is also advantageous in the society is stable, is harmonious. Our country divorces the system to adopt the lawsuit divorce and the registration divorce two-track system. The registration divorce system divorces in a system's important component as our country, compares the lawsuit divorce, the registration divorce system entrusts with the litigant more meanings to be free, and the procedure is simpler, becomes termination marriage ties way which the majority divorce husbands and wives choose. However, because our country present registration divorce system respects the litigant the meaning to have freely -odd, the limit is actually insufficient, causes this system function the display to have the limitation, for example easy to cause the husband and wife careless divorce, to neglect the underage children's benefit protection, the vacation divorce, to deceive the divorce phenomenon to increase and so on. These questions not only concern the husband and wife benefit, the underage children's protection, involves stably to the country, society's harmony, must make us to take seriously enough.This article uses the method which the literature search method, the legal theory of value's research technique, the theory and actual unify, as well as the comparison research's method, through carries on to two big legal system countries and our country different method territory's divorce system quite studies, profits from other national and the local experience, analyzes our country present registration to divorce insufficiency of the system, proposed that consummates our country to register divorces system's legislative conception. This article altogether 32,000 characters, divide the foreword, the main text and the conclusion three major parts, the main text contains the content is as follows:The first part registers the divorce system generalization. This part of main exposition registration divorce connotation, nature and legal principle theory of law foundation, discussion related registration divorce system's theory question. Also includes to registers the divorce system's historical evolution to carry on said that so that to can register the divorce system to carry on the depth the analysis.The second part is our country registers the divorce system's inspection of present situation. This part first introduced that our country lex lata about the registration divorce system's stipulation, including the registration divorce's condition and the procedure, by carries on the analysis to our country about the registration divorce's legislative present situation. Next is our country present registration divorce system's characteristic and the implementation condition, through to this question's analysis, induces the question which our country present registration divorce system highlights, including to registers the divorce system's stipulation to be too general, too respects the litigant the meaning autonomous, easy to cause the careless divorce, neglects the underage children benefit the protection, the registration divorce only carries on the vacation divorce which the formal examination brings, to deceive the divorce phenomenon prominently day by day and so on.The third part registers comparison test of research the divorce system. This part to our country Hong Kong and Macao, the Taiwan area carries on first about the registration divorce's system introduced that then separately has the representative country legislation to the mainland legal system and the UK-US legal system to carry on said that finally our country Hong Kong, Macao and Taiwan and other country's registration divorce system will carry on quite evaluates, will obtain to our country registers the divorce system's legislative enlightenment.The fourth part is consummates our country to register the divorce system's route selection. This part is mainly proposed that consummates our country to register the divorce system's legislative suggestion. Including enlarged registration divorce legal condition; first, addition divorce consideration time; second, to has the underage children's husbands and wives to distinguish the situation treatment; third, carries on the essential standard to the divorce settlement; Under the establishment registration divorce system divorces the secondary right to realize the way, contains the divorce damage compensate request power, the divorce economy help request power and divorce economy compensation request power realization; Is clear about the registration institution's examination jurisdiction and the responsibility, entrusts with the registration institution partial substantive examination power, in the registration divorces introduces the mediator system; Carries on the rules and regulations to the slight defect divorce registration, and slight defect divorce registration difference processing which forms to the different reason, to the meaning expressed that not the real litigant carries on the relief.