The Comparing And Researching Of Divorced System Between China And South Korea

Divorce system is a part of the marriage system, and a necessary one in the dissolution of marriage. As a problem of common concern to both the society and the international community as a whole, divorce is also an important issue in the Marriage and Family Law. Divorce system plays an important role in the legislation of a country. With the development of the society, divorce is no longer forbidden as it was before, and is becoming easier and easier. In recent years, as the divorce rates in many countries are going up year by year, their divorce systems are under close examinations. This paper analyzes and compares the divorce systems of Korea and China, finds out their similarities and differences, and explores the lessons we can learn from Korea.This paper makes a comparative study of the divorce by agreement, divorce by litigation, and their consequences in both countries. It consists of six parts. First is an introduction to the research goals, range, and methods, and a literature review of divorce system. The second part deals with the definition of divorce system, its differences with other relevant legal concepts, and the development history of Korean and Chinese divorce systems. Based on that, a summary of the achievements of both countries' legal systems is made. Next is a detailed discussion about the divorce by agreement in the two countries. Through analyses and comparison, the paper finds out that they are similar in some points while different in others, especially in the divorce agencies and procedures. The fourth part is a comparative analysis of the divorce by litigation in both countries. Again, similarities and differences are found in their legal ground, mediation, and prosecution agents and proceedings. Moreover, it is a unique point and original creation of China to have restrictions on the divorces of active duty service members, and of women in special physiological periods. The fifth part makes a careful comparison of the consequences of Korean and Chinese laws, and lists out their differences in several aspects, such as the family relationship, property division, and legal relief after divorce. The final part is the conclusion, which is about the necessity for both counties to learn from each other in terms of their divorce systems.Divorce system includes the regulations and norms of behavior commonly obeyed in the dissolution of marriages, on which Korea and China share similar basic concepts. Therefore, the comparative study is of great significance in both the theory and practice of China's divorce system.