Research Of Chinese Divorce By Agreement

Freedom of divorce is the freedom that a couple have right to lift the relationship ofmarriage, it is the fundamental constitutional rights of citizens, but also a basic principle inthe law of marriage, reflects the law on the autonomy of the couple. Divorce by agreement isthrough a divorce agreement which stipulated the custody of children and the division ofproperty and debt obligations explicitly, through to the marriage registration office handle andto relieve marriage relation a divorced way. Because of its simple, quick, and can effectivelyprotect the privacy of the parties,it has been widely adopted by countries around the world.Especially China’s new marriage registration regulations cancelled the certifiedrequirements,after that, the Divorce by agreement is more and more widely applicable torelieve marriage relation. But in practice, it has appeared various problems, such as the hastydivorce, neglect of the underage children’s interest, to avoid debt and cheating, falsedivorce,these issues have caught our attention.Through to the research of Divorce by agreement system around the world, and theanalysis to the deficiencies of China’s current Divorce by agreement system, this article Putforward the conception of making the Divorce by agreement system better. The thesis consistsof five parts:The first part, introduction. Introduces the significance of the topic, the research status ofthe divorce by agreement system between home and abroad, and the ideas, methods andinnovation of the research.The second part, an overview of the Divorce by agreement system. This part mainlyelaborated the definition and types and legislation spiritual evolution of the Divorce byagreement system, then analyzed the theoretical foundation and the value of the Divorce byagreement system, this part had made a relatively comprehensive introduction on the Divorceby agreement system.The third part, using the approach of comparative law, made the comparative study of thecontinental law system and Anglo-American agreement system. This article mainly to carryout the comparison and comment of France, Germany, South Korea, Japan, the United States and British Divorce by agreement system.The fourth part, analyzed the history and present Divorce by agreement system of China,points out the problems on the legislative concept, the conditions and the procedural aspectsof China’s Divorce by agreement system.The fifth part, put forward the suggestions to improve the China’s Divorce by agreementsystem, improving from the legislative idea, procedural law and substantive law. On thelegislative idea, made the moderate intervention on it. Pay more attention to the interests ofminor children than the interests of parents, On the substantive law,improving from thelimitation on scope of application, the content and the of the invalid system of the Divorce byagreement system; On the procedure, provide mediation,registration authority and relief ofthe Divorce by agreement system. At last, analyzed several special problems, for instance, theeffect and the property disputes of the Divorce by agreement system.