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System Of Registration Of Divorce

Posted on:2012-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z J WuFull Text:PDF
GTID:2216330335984916Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Registration of divorce is a voluntary couple divorced, and the legal consequences of the divorce agreement, after the marriage registration authority for dissolution of marriage is a way to divorce. Because of its simple, in practice, show the superiority of the system has become firmly rooted, is widely accepted. This way both parties of the divorce, be regarded as inherent in our law, and from the Tang Dynasty, when the Association from the Ming and Qing Dynasties, China's feudal period of divorce, on this basis, China established the modern system of consensual divorce, the new After the founding of the legislation in the revolutionary base areas established on the basis of the divorce registration system. Application, examination and registration of divorce easy way to effectively resolve marital disputes, the parties to fully respect the wishes of the parties to the marriage.After entering the new period, not only increasing the proportion of registered divorces, and divorce, also appear in the register a false divorce, hasty divorce, the interests of the inadequate protection of minor children, meaning the parties that the lack of remedies and so flawed. For the rising divorce rate, and these social problems, there were two different voices: Some people think that this is the condition for divorce is too easy registration caused a number of restrictive conditions should be provided; also suggested that this is social progress, is manifestation of the freedom of marriage, set restrictive conditions but violate the principle of freedom of marriage, the law can be more relaxed. In fact, freedom and order are interdependent and mutual penetration, order checks and to some extent, limit the freedom, but also plays a protective role of freedom, freedom can exist only through the social order, social order, the more access to health development, freedom was more likely to increase. Divorce agreement outside the legislation has proved this point in the acceptance of divorce by agreement of the countries, without exception, the provisions of the restrictive conditions, but these restrictive conditions did not affect the realization of freedom of divorce, or provoke social ostracism. Therefore, in order to better achieve the freedom of divorce, stable marriage and family relations, safeguard social harmony and development, we should learn from other countries or regions on the registration provisions of the divorce system, combined with China's actual situation, the registration system for further improvement of divorce, where minor children shall not register a divorce; resume consideration of the registration of divorce; establish the invalidity of the divorce registration system.
Keywords/Search Tags:Divorce Registration, Free Divorce, Fake divorce, The interests of minor children, Consideration of divorce
PDF Full Text Request
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