Study On Legal System Of Separation

Separation institution, which was originated from ancient Roman period, played a positive role in substituting marital non-revokism under the reign of religious law in the Middle Ages. In modern society, although most countries implement free divorce, quite a few countries still put separation institution into their law book. It is taken as a precedent procedure of divorce or a rule coexisting with divorce in these countries. Nowadays, in China, divorce is quite an easy thing due to simple procedure. Thus, it has brought a series of problems to society. Meanwhile, the appearance of new phenomena such as"tentative divorce"has reflected the conflict between the underdevelopment of legislation and the need of the society.This thesis is composed of three parts. The first part is about the basic information of separation institution, including definition, characters, types and compositions of it as well as its legal effect and suspend. The second part is about the introduction and comparison of the separation institution of other countries and areas. The last part is about the present legislation circumstance and defects of separation institution in major countries as well as the advantages of establishing it. Separation institution should be added to Chinese marriage law to perfect Chinese legal system, maintain family stability and promote social harmony.