The Research On Separation System

Separeted spouses system is only relieve the obligation of living together rather than dissolution the marriage relation. For several centuries development,couple separation system,which roots from Canon Law in Middle Ages Europe,become an significant part of the legal system in some countries and regions now, show out its vitality day by day. The reason of the separation can be developing while the source disappear,is that it owns the theoretical basis of existence. From the philosophy of law's point of view, the couple separation is conducive to achieve the free legal value and the social value; it also corresponds the benefit standards from the perspective of law and economics.About the construction of couple separation legal system, continental genealogy law and UK-US genealogy law both have their unique trait.From the legislation style, In the two genealogy of law countries and regions,the couple separation and divorce are coexistent. From the form and content of view, continental genealogy law usually set up judicial separation, and UK-US genealogy law not only set up judicial separation, but also confirm private separation or virtual separation. As far as procedure of separation, continental genealogy law generally use the same reason and the litigation procedure of divorce to separation,but UK-US genealogy law rule strict condition and complex procedures. The rules to the separation in continental genealogy law formed scientific and complete written code, provide full-scale legal force in all directions after separation, but UK-US genealogy law rule the force adeffect with legal precedent, discussion with particular emphasis on the adjustment of personal relation and property relation after separation.It doesn't clarifies the relative definitions in our existing marriage law in China,.There is lack of content, and function is also vague, which causes the couple separation system becoming a blank in our marriage legislation. It not only cause more difficulties for the judicial practice,but also can't regulate and control the virtual separation abound effecttvely,so that both the spouse and children's right can't be guaranteed to the full,which causes serious social problems. No matter what meeting the actual need or perfecting the law system,it's essential that we set up the couple separation system in our country. The establishment of the separation system is of far reaching importance to perfect and develop the marriage and family institution,protect freedom of marriage meanwhile avoid abuse of the right of divorce, protect the benefit of each side after separation especially disadvantaged groups, keep social stability and harmonious. China couple separation institution should accord with the tenet of ensuring freedom of divorce and against divorcing flippantly. Based on the legislative style, which couple separation and divorce are side-by-side, judicial and private separation are set up. The prescription of reason why couples separate with each other is reinforced on legal reasons of divorce. According this, it is not enough to take the reason that couples cannot live together any longer but not reach the extent of divorce into the legal reasons. Further thinning the legal effect of couple separation is necessary. Interior and external force should be also prescribed. The mode that combines legal term and negotiation is better to define the term of couple separation,6 months to 2 years is recommended. Termination reasons of couple separation can be summarized as follows, death, invalid marriage or canceling of marriage, reconciliation, divorce, expiration of the term and etc.