On Lawful Conditions Of Divorce And Its Perfection

Lawful conditions of divorce are important content of divorce system. With the development of human civilization and social productive forces, the marriage system which including the divorce system makes unceasing changes. The changes are reflected through the lawful conditions of different periods. Generally speaking, it is a process from divorce forbidden to divorce restriction, form autocratic divorcing to free divorcing. So, this thesis will discuss the ideas and principles of divorce legislation. Through the research of bring and development of marriage system we can get a conclusion that the nature of marriage is contract. Through the theory analysis of the main content of lawful conditions of divorce we can induce that using "marriage break up" as lawful condition of divorce is a inevitable conclusion from the development of human civilization. This thesis evaluate the law conditions of "emotional break up" which used in Chinese in a long time, and, put forward the author's own suggestions at last. That is, we should abolish the "emotional break up" condition and establish the "marriage break up" condition. We should consummate the system of divorce conciliation and abolish the special enactment of military marriage and built up the system of living apart fit for situations of our country.