On Divorce,

Chinese standing marriage law was enacted in 1980 and adopted in 1981. During the past twenty years,Chinese economy,society and perception have changed a lot. The former laws are not consistent with actual requirement and can't solve the fresh problem. So the committee of national representative made decision to perfect the active "marriage law of the people's republic of china" in 1995.Summing up the advantages and disadvantages of family legislation,execution and family system,in combination with the debate scholars made about active marriage law in recent years,we conclude that the perfection of standing marriage law lies more in updating public perception than in changing some conventions. This paper deals with one of hot topics-divorce legislation. This paper doesn't address the concrete conventions,such as the standard of divorcing,the reason of divorcing,the process of divorcing ,the legal criterion of divorcing and judging responsibility of divorcing about reforming the divorce law,for public perception is the base of concrete convention and the convention materializes the perception,the unsettled perception will lead to imperfect convention system,even the system is perfect,it can't be adopted and practiced with the influence of obsolete perception. The practice of Chinese family law and justice during the past decades of years verified these. So updating perception is the primary aim of perfecting marriage law. Recognizing and understanding freedom of divorcing are the primary perceptional problems.What accompanies free divorcing is the system of divorcing. The free divorcing should be protected and normalized by divorcing system,the process of developing divorcing system is also the process of developing the right of divorcing freely.The free divorcing system is developed on unilateral divorcing system and limitative divorcing system. The unilateral divorcing system was prevalent mainly in history and was the result of rating,privilege and unevenness between man and woman. Under the domination of unilateral divorcing system,divorcing is the unilateral right of man or man family,woman or party is dominated by right and others;the judging of divorcing,just same as marriage,is based not on the parties' willingness,but the interest of family,is for reproducing,is meeting the unilateral need. So the reasons of divorcing are the unilateral requirement,for example,needing boy offspring. At this time,there is no actual divorcing right. In neoteric times,the perception of democracy and freedom produced the base of fair right between two parties. But the influence of obsolete perception still existed. People regarded divorce as "bad",exaggerated the negative influence of divorce,even blamed divorce as the wrong doing of the party. At that time,the legislation of divorcing is not to protect the freedom of party,but restrict the practicing of right,the aim of law is to oppose divorce,lessen divorce and keep the existing marriage,no matter how the marriage proceeds. The divorce process,reason,the reason of judging divorce all incarnated the principle of limiting divorce. So,under the restriction of divorce system,there were no actual divorce rights. The free divorce right was materialized when the divorce system was developed in modem society,such as,the application of right divorce principle,the protection of parties' right and protection of right of parties concerned.Right of free divorce is a civil right,its characteristics are:right of free divorce is a fundamental human right,is a born right;right of free divorce is an independent civil right and does not depend on other civil rights,is in the same status with other civil rights. As a concrete divorce law,perhaps not everyone has ever experienced it in his life. But as a qualification of civil party,the right of free divorce is fair to every citizen. Right of free divorce is a civil right,is what the party decides the future of marriage,the marriage party can decide marriage future according to the condition of marriage and sue for law about the l...