A Comparative Study On Divorce System Between China And Australia

Both sociology, and family law commonly concern divorce issues.Divorce law in a state legislative system occupies important positions. Sincethe 1960s, many countries in the world have reformed divorce system to copewith the increase of divorce numbers. In the reform of divorce system,Australia's experience draws the attention of the world. First in 1975,Australian divorce system had a major reform, introducing no-fault divorce,and enacted the federal family law reflecting the modern law spirit. After that,with the emergence of some new problems, this law was amended severaltimes on the basis of the spirit of a people-centered and the ideologychildren's interests' priority. Now all aspects of its divorce system could be arelatively perfect. Especially Australia makes large achievements in somefields: the convenience for the parties, judicial efficiency and the protectionof children's interests, which are concerned by other countries, such aslegislations of ground for divorce were adopted by the United Kingdom andspecial family court has been set in the New Zealand.China re-enacted marriage law on the basis of the requirements of thetimes in 1980. In 2001, this law was partially revised. But generally speaking,China's reform of the divorce system is low starting and slaw process andthere are many shortcomings in the legislative and judicial field. Conductinga comparative study of divorce system of the two countries is contributed to the understanding of foreign specific system functioning, the understandingof the basic trend and ultimately the revision and improvement of Chinadivorce system. There is little research on the Australian divorce system, inChina while this work is very meaningful. Although I was enoughincompetent for this study, I would try my best to do well it. In this paper Imanaged to find something useful that may be contributed to our divorce lawreform.This paper is divided into five parts.The first part: the overall master of China and Australia divorce system.From the guiding principles for the enactment of legislation on thecharacteristics of the two types of divorce, grounds for divorce, divorce andchild treatment divorce proceedings and the consequences of divorce andother aspects of the outline, and made a comparative analysis on thesimilarities and differences between the two sides. The article points out thatAustralia's divorce laws in some of the basic concepts have in common, suchas freedom advocate divorce, guarantee equality between men and women,protecting children's rights and interests. But in the specific requirements,whether it is the legislative intent of divorce, or the divorce proceedings, theconsequences are quite different. The variance is for many reasons, such asthe different social systems, historical backgrounds of the different legislation,and different levels of the rule of law. The degree of importance of differentfactors such as legislators, But according to Marxism "marriage and family system from the economic base determines the" viewpoint the mostfundamental reason for this gap between the two countries should differ atdifferent stages of social development. Australia is also the end of the latestreform as divorce system was introduced.The second part: the ways of divorce. First, the choice question ofdivorce. This part of our divorce, divorce proceedings and the divorce wasintroduced in Australia, CCA, and on this basis, focus on the future directionof divorce-depth manner described. The article noted that one way todetermine what kind of divorce is not important, or to provide clients with awide range of choices the important point is. the way in which the content ofthe legislation is how to protect the best interests of children. Those importantfeatures are equal treatment of the couple's rights and obligations, and how toimprove judicial efficiency, convenience of the party's proceedings.The third part: the comparison of the grounds for divorce. Long referredto the legislation on the basis of two grounds for divorce, the breakdown ofthe side, found broken, separated, no-fault liability restrictions on thedifference between China and Australia made specific note, China providesthat the grounds for divorce, the breakdown of the lack of a clear standardfacts, identified the specific situation on the increasing practice is very taxing.Australia take on the breakdown of the marriage relationship should beidentified, that is the objective basis for a certain period of separation. Toreduce the judge's discretion in matters of divorce, ensuring freedom of divorce, also for the parties to consider fully the period.The fourth part: the divorce procedures of the two countries. Australiaintroduced the special court dealing with a divorce case, the specialproceedings of a special court special procedures to solve the problem of theadvantages of divorce, marriage and the family spirit of the legislation toimplement effective protection of women, Rights of the Child, China shouldalso Australia, in addition to the establishment of specialized courts (or court),it is necessary to develop special procedures for handling family events.Australia and China on the text of the conciliation procedure were comparedwith that of children of divorce law to shift the focus, Australia's ownprocedures have become increasingly easy divorce proceedings, but in thedivorce parenting issues. The defendants not only growing importance ofmediation and other forms of non-perfect, but children in the courtproceedings, Family law revised in 2006 to reduce support for aconfrontational mode of trial.The fifth part: the consequences of divorce. Children and property issuesare mainly centered. First, it is introduced that alimony and distribution ofmaintenances from the relationship between parents and their children afterdivorce. Visit each of the two provisions on the right side of the legalconsequences of divorce for children. Then an analysis of the Australianlegislation involving children. My particular emphasis in the legislationshould establish the principle of the best interests of children. And "shared parenting responsibility" instead reflected a patriarchal concept of "custody."Property, mainly on the issue of marital property distribution for expositions,defines the scope of the property. At last the type of property, division ofproperty and other aspects of the principles and considerations wifecomparison of the distribution system are also compared with.