Legal Consideration Of Setting Up Separation System In China

Separation means the Marriage and family system of the husband and wife are keeping the relationship as a couple, but cease the cohabitation obligations. Separation originated from the rule of fane. Now it has been adopted by most foreign countries. Because of its easy operation in the judicial practice, it not only has become the rule for most courts to deal the relationship termination between couples, but it also gradually developed into the important part in the marriage and family legislation in he modern countries and regions. The marriage law of China has not stipulate the separation system, it just confirm the couple devoice if they are separated for more than two years. That is to say, separation is just one of the reasons for divorce. Whether our country should establish the separation system, there are many different opinions in China Jurisprudence. This paper argues that the separation system can fully maintain the legitimate rights of couples during the marriage; on the other hand it also can manifest one of the basic principles in Chinese marriage law-freedom of marriage, especially the principle of freedom of divorce. The law in china does not define the separation system expressly, but the "Trial Divorce" and the phenomenon of the fact the separation have existed in the judicial practice of our country. The society needs the relevant legal system to be provided, only with the provision of law, can we safeguard the legitimate rights of the parts of the marriage, and can better maintain the harmony of the family and the stability of the social.From the present legislation situation on the separation system, this text elaborates the necessity and feasibility to establish the separation system in china by introducing the basis situation of the separation system and the regulations about the separation system in the main foreign countries. In the last part of this paper, the author gives some legislative suggestions in order to establish the separation system in law of china as soon as possible.