A Study On The Legal Problems Of Deficient And False Divorce

Seeks the false divorce, commonly known as "the false divorce", in today’s China has spread trend, in this paper, focusing on hot issues in the field of current judicial practice, false intention of flux for false intention as the breakthrough point, through combing theory related to this thesis, analysis for false expression meaning, performance, combined with personal relationship and property relationship of rights and obligations between husband and wife, and then combining encountered legal blind area in the judicial practice, further discuss conspires false expression under the phenomenon and reason of divorce, as well as to the identity relationship of husband and wife property relation and the influence of the third person, and analysis how to circumvent the couple by means of legislation for false divorce, and couples for false expression using the identity relationship removes after divorce or divorce proceedings, division of property, whether has the force of law, how the third person in good faith to seek protection, and the problem of protection from the court thinking, handling and so on corresponding legislative thinking and idea, makes every effort to serve the judicial practice, to guide public rational treat marriage, establishing personal credit system, guarantee the authority of law, to build a good law and order.This article is divided into three parts, points mentioned below:The first part, first of all, one of the types of false intention-conspires false expression, and analyze the personal relationship and property relationship of husband and wife the scope of the cover for this paper for the next step to lay the theoretical foundation.The second part combines at present in our country real estate New Deal, relocation, and an increase in positive and negative property analysis on real problems of phenomenon and reason of the false divorce.Before the third part of article, on the basis of learning from foreign legislative practice, put forward under the conspires false divorce, husband and wife identity relationship, how to deal with the judicial countermeasures of the marital property relations, and the flux for false divorce infringes upon the lawful rights and interests of a third person in the third person, the essay discusses how to bring relief program. AbstractCommonly known as "fake divorce conspire hypocritical divorce", this paper focuses on the hot issues of the field of judicial practice, the false meaning of conspire hypocritical means that as the breakthrough point, through combing with this thesis related theory, analyzed the definition, manifestation of conspire hypocritical, combination between the standard of divorce and matrimonial relationship, property the relationship between rights and obligations, and then combined with the judicial area encountered in judicial practice, in-depth study of conspire hypocritical reason divorce, and divorce, and divorce proceedings after the collusion agreement conspires the legal issues and Countermeasures of how to analysis through the legislative way to avoid a couple of conspire hypocritical divorce, and a couple of conspire hypocritical lift and identity relationship by agreement divorce or divorce proceedings after the division of property is legally binding, such as the third person in good faith How to seek protection and protection way and other issues, from the trial ideas, methods and other aspects of the legislative thinking and ideas, and strive to serve the judicial practice, the guidelines warned the public rational treatment of marriage, the establishment of personal credit system, to protect the legal authority, to build a good legal order.This article is divided into three parts, which are as follows:The first part firstly means hypocrisy said in which a type of conspire hypocritical, discussed and analysis of domestic and foreign divorce standard, husband and wife personal relation and the property relation covers the range, to lay the theoretical foundation for the next discussion.The second part is currently in our country real estate deal, resettlement, positive and negative property property increase the realistic problem of collusion in false divorce phenomenon and reasons combined with.The third part of the previous paper based, referring to foreign legislative practice, the collusion insincere agreement divorce and collusive divorce proceedings of legal problems and the corresponding countermeasures are put forward, and the collusion in false divorce against the legitimate rights and interests of a third person third person how to bring relief procedures are discussed.