Legislative Research Of Separation System In Our Country

Separation system is to reconcile prohibition of divorce with the contradictions of the reality of marriage, but accompanied by changes in the concept of the Reformation and the institution of marriage, it is given new meanings and functions, and is attended and recognized by increasingly a number of countries and regions, becoming an important part of the legal system of marriage and family. Modern separation system on the regulation of marriage and family order, on the extension and improvement of the principle of freedom of marriage as well as equity and protection the interests of all, give a good interpretation of its functional and utility. The current marriage law in China regards two years separation for no love as one of the statutory grounds for divorce, has not clearly defined the identification of separation, starting date and the rights and obligations between husband and wife and parents and children during the separation period. Those not only make the judicial practice difficult to operate, but also make a large numbers separation in real life can not be effectively regulated, the interests of the parties are not effectively protected. To explore in depth the situation of separated spouses and legislative studies in China, will be conducive to the improvement of our marriage and family legislation and to building harmonious family and society.In this paper, on our empirical investigation of the situation of separated spouses in China, analyzing the present situation of separation system in China and studying the typical enactment of separation in other countries and regions, it explains necessity to establish separation system in our country and then analyses legislation conception to establish separation system in our country.In addition to the introduction and conclusion, this paper, more than 40000 words, is divided into four parts, the first part, Empirical investigation of the couple separated in our country. First of all, the basic situation of this investigation is introduced briefly, and then the recognition of the respondents about the basic situation of separated spouses in our country, the relevant factors of recognized the separation, the rights and obligations of husband and wife during the separation, the way of handling the separation disputes and the hope of the legislative separation are expounded in detail. At last, the contents of the investigation are summarized and evaluated, with a view to a more comprehensive understanding of the opinions of the respondents.The second part,Present situation of separation system legislation in the marriage law of China. First, present situation of separation system in China is introduced briefly. Then the lack of the current legislation about separation is analyzed. For example, constitute of the separation elements is not clear, on the separation of the rights and obligations of the parties to the lack of fair and effective regulatory system, the current operational separation legislation is too simple and not easy operation, and easy to cause misunderstanding of the role of the separation.The third part, The inspection of the separation system of extraterritorial legislation and the study of revelation legislation for our country. First the French and German of separation system legislation,separation of the United Kingdom and the United States and the separation of Hong Kong, Macao and Taiwan of China are introduced, and then compares those countries'legislation from six aspects ,such as the legislative style, the grounds and the defense of separation, separation of form and procedure, separated period and the suspension, the legal effect of the separation, termination of separation and so on. Watch their pros and cons, consider the actual situation in our country and then improve the marriage and family legislation of our country.The fourth part, The legislation conception to establish separation system in China. First, explains necessity to establish separation system in our country. Then benefit from foreign legislative experience, based on the actual situation in China and the previous studies, propose the path of separation legislation. Explains specifically from seven aspects, such as the legislative style choice, the definition of separation, separation agreements, judicial separation, the legal effect of separation, the period of separation, separation termination and so on.