Jurisprudential Analysis On The Standard For Divorce

Taking"the reconstruction of the standard for divorce in China's Marriage Law"as its motive and basis of argument, this paper, by tracing back to the evolution of the standard for divorce in history, examines the establishment mechanism of them in the past, the value-orientation embodied in it, and how to strike a balance between"freedom"and"order"so as to achieve a unity of freedom of divorce and social order and realize a harmonious development of both individual and social interests. Specifically, this paper looks back to the founding process of the standards for marriage, comments on the advantages and disadvantages in the marriage legislation of various countries, analyzes, from the point of view of jurisprudence, the main standards for divorce in current China's marriage law and their shortcomings by introducing concrete cases in judicial practice, and finally, restresses the significance of"break-down of mutual affection"as a standard for divorce and the necessity of taking"living apart"as the supplementary content of this standard. Since divorce is both a personal issue and a social one; both an emotional issue and a moral one, therefore, it is truly important to carry on this continuous intellectual research for a better, if not the best, standard for divorce in the days to come.