Comparative Study Of The Mainland And Taiwan Divorce Law System

Across the Taiwan Strait due to a variety of historical reasons, were the development of a distinctive legal system, both for the divorce, legislation and judicial practice, the system has a big difference, mainly in divorce, divorce proceedings and the legal consequences of divorce . By comparing the cross-strait law relating to divorce, analysis of cross-strait issues in these three different points, in this based on how the legal system of divorce on both sides learn from each other and absorb the recommendations. Article is divided into six parts elaborates on these issues.The first part of the introduction, that the source of the article topics, theoretical and practical value, research methods, research status, etc. at home and abroad.The second part of the divorce system in mainland China and Taiwan comparison, the main condition for divorce from the agreement, brought in the form of divorce, divorce agreement's content and form of divorce procedures were compared in four aspects. The difference is mainly reflected in: the legal marital status for the identification of a difference, for the full civil capacity of the divorce provisions of difference, meaning that the divorce is true, voluntary legal differences, the differences mainly in the need for registration, marriage age adult age differences between the different causes; drew divorce registration between the content, the mainland is the real review Taiwan is a form of registration; for the divorce settlement between the requirements and forms the mainland for child support, division of property made mandatory, Taiwan requires the signature of witnesses; agreed to a divorce between the registration authority, the mainland is the marriage registration office, Taiwan is a family government agencies.The third part of the divorce proceedings between the mainland and Taiwan, Comparative, mainly from the process of divorce proceedings, the legal grounds for divorce proceedings, divorce proceedings substantive standards for comparison. The difference is mainly reflected in: the two requirements and the role of the mediation process is different from the mainland is necessary, can be closed in mediation, aimed at Taiwan, withdraw the litigation mediation; legal grounds for divorce "affection no longer exists"and "difficult marriage maintain the "different, the mainland is" affection no longer exists, "Taiwan is" difficult to maintain the marriage "; divorce real different standards, the principles of the mainland is the main rupture, supplemented by the principle of interference,Taiwan is the principle of fault-based, supplemented by the principle of breakdown and interference principles.The fourth part of the legal consequences of divorce compared, mainly from the personal legal consequences of underage child support, property division were compared. That the personal legal consequences of divorce for the provisions of the two is the same; for custody of minor children, whether divorce or the divorce proceedings, the detailed provisions of the mainland than in Taiwan, and has a strong enforceable; mainland and Taiwan their matrimonial property system provides for different, different matrimonial property system corresponding to the division of property upon divorce different principles.The fifth part of the legal system for cross-strait divorce advantages and disadvantages of different points, in comparison, made on the basis of analysis of how both sides learn from each other and absorb the advice: the legal marital status for the identification, Taiwan should eliminate the age requirement for marriage age and adult capacity found in the contradictions; constraints of marriage, and Taiwan should learn from the provisions of the mainland, so as relaxed as possible; in the divorce registration office, you can refer to China and set up a special marriage registration office; for the content of divorce and formality, can absorb the advantages of the mainland, and improve the content of agreement,Simplify the formal requirements of agreement; in the divorce registration process, the mainland should learn from Taiwan's regulations to parties subject to the divorce agreement, divorce, divorce party registration means only that the form of external publicity; the provisions of the mediation in divorce proceedings, Taiwan absorption of the provisions of the continent should be to establish mediation procedures necessary for the divorce proceedings; the provisions of the grounds for divorce, the mainland should learn from Taiwan's "difficult to maintain the marital relationship" requirement; substantive standards in the divorce, Taiwan should abandon the match with the current social trends the fault principle; Taiwan should step up in a divorce that is the protection of minor children, both of which should strengthen the property Insist on partitioning the innocent party and the principles of child rights.The sixth part of the conclusion, that this is only the comparative method, for the two sides agreed to a divorce, divorce proceedings, the legal consequences of divorce were analyzed and compared, both sides learn from each other and absorb the proposed recommendations, there are still many problems to be solved.