The Divorce Restrictions On Freedom Of The Theory

The stable marriage is the establishment content family foundation, and the family prosperity also is the social stability foundation. Therefore, the effective marriage should receive legal the safeguard. At present, China is in the period of changing from planned economy into market economy. The marriage family in the stage of changing suffers great impact which never happens before, new circumstances and problems appears in the range of marriage family. Faced with these prombles the moral norm and legal norm which mediate marriage family don't function properly . How to deal with the relationship between freedom of divorce and opposition to wanton divorce is a thorny problem. Freedom of divorce is a major content and legal system of freedom of marriage doctrine,while opposition to wanton divorce is a moral requirement and norm in the field of marriage and family. Juristic morality is necessary in marriage law field.This paper contains five parts. Part I makes a study on the basic theories of the freedom of divorce. At the same time, this chapter discusses the relationships between the freedom of philosophy and the freedom of divorc .Traces the histoyicai trajectoy of the development of free divorce. This chapter mainly has combed the divorce freedom system through the historical analysis method and has the reason in the world scope. Part II the article was legislates on establishment process to freedom of divorce in our country to carry on the analysis. Part III the achievement of freedom of divorce is regarded as a milestone in the history of human civilization, but the always high divorc rate caused a lot of conflicts in practice, which should be paid great attention by the state. Part IV the marital and domestic relationships between the husband and the wife are regulated in a unified way, whereby marriage is no longer the concern of two interested parties, so the freedom of divorce is relative and should be subjected to restriction by matrimonial, domestic and other relationships. But it cannot be made without certain limitations.Therefore,this part suggests that freedom of divorce should be properly restricted. Part V this part suggests that freedom of divorce should be properly regulated and controlled by law adjustment and morality adjustment.