| With the development of society, we are already familiar with the idea of freedom of marriage. Marriage freedom not only means that married freedom, but also the freedom of divorce .In our legal system, the agreement of divorce can embody the freedom of divorce totally. During the agreement of divorce process, both sides of the couple need to make a proper treatment and agreed written agreement of ending the marriage, upbringing and property segmentation. The divorce agreement before lawsuit is the core element in the divorces system. Therefore, former divorce agreement is not only the expression of marriage freedom; but also the condition and base of understanding the divorce system. The divorce agreement before lawsuit which during the lawsuit in agreement, the couple through administrative power to end the relationship of marriage, deal with the upbringing and property problem. The divorce agreement before lawsuit have three characters, they are with subject, content and form. The divorce agreement before lawsuit is a kind of agreement between equal subjects, including personal relationships and property relationship, has the general characteristics of civil contract, but different from the general civil contract in special qualities. Thus in the legal nature, they have some problem to study.This paper is divided into five chapters, the first chapter is the introduction, mainly through the present situation of our country's current divorce to introduce divorce proceedings and then puts forward some problems to research. The second chapter is making a simple introduction about concept, content and characteristics. The third chapter basically is the analysis of theory. The fourth chapter basically compared to the current four views, this paper mainly analyses the two views of the lawsuit, and determine the divorce agreement with four types. The fifth chapter is according to the nature of divorce agreement; the author puts forward three legislation suggestions. |
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