Rational Framework To Improve The Separation System

The origin of separation system can be traced back to ancient Rome and the position of it was established by Canon Law in the age of Medieval Europe. The separation system was thereafter gradually developed and improved by legislators and jurists in all the countries. The establishment of de facto separation in the Marriage Law of China means an epoch-making leap in the history of Chinese divorce system. However,spouses' rights and duties during the period of separation has not been stipulated by the law. In addition,there is a still blank in scholars' study of legal characteristics,and relative issues as well,of separation system. In comparison with frameworks of separation system,its legal status in divorce system and its legal consequences in other countries,selecting their essential;in combination of the reality of legal nexus of marriage and family in China,drawing on academic achievement of domestic study,this paper firstly aims to propose a separation system with Chinese characteristics;to improve the kindred part of civil law,which is about to decree;to solve the problem that related law and rules are difficult to operate,which results from deficiency of legislation. Secondly,it is to effectively perform a supplementary function to conciliate legal relationship of divorce;to punish illegal and criminal act,rape of spouse and abandoning spouse for instances,in accordance with law;to protect legal rights of parties of marriage and finally to achieve the judicial theme of "Justice and Efficacy".