Research On Separation System

Our current marriage legislation does not provide separation system, only regards "separation" as one of legal reasons appealing for divorce. Until now, there are still different opinions on whether our country should establish the separation system. The paper puts forward that the separation system in modern times not only embodies marriage liberty principle but also protects the legal rights of the spouses. Otherwise it maintains the harmony of family and society. As a result of the legislative defects, it brings on a series of issues not only causes inconvenience to judicial practice but also makes the "separation phenomenas" without any legal regulations. Therefore we had better to construct our reasonable and feasible separation system hoping to perfect our marriage legislation.This paper proceeds as follows: preface, text and conclusion. As for the text, it consists of three chapters.Chapter one summarizes the separation system. First of all, in order to define what is separation, the paper analyses the concept,the legal character,the constitutive elements of separation and compares it with cohabitation, desertion and divorce. Separation is a legal action for spouses to exempt cohabitation without renouncing the marriage. It can be divided into two types: separation by agreement and separation by litigation. And then, the article investigates the historical evolution of separation to clarify the legislation purpose and the development venation.Chapter two investigates the current legislation and value evaluation of separation. By comparing the similarities and differences of separation legislation between the two legal system, the article probes into the value of separation system. And separation system in modern times has get rid of the brand of Mediaeval Canon Law and become one important part in marriage law system.Chapter three discusses the construction of legislation of separation system. The paper proves the necessity of separation system establishment in our country from our current legislation and realistic need. Meanwhile by using other countries and regions' experience as reference, the author puts forward some legislative suggestions to construct separation system with Chinese characteristic in our country.