The Legislation Research On Husband And Wife Separation System City E

Our country the "marriage law" in the first paragraph of article32of both sides of husband and wife the basis of divorce made regulation:"such as feelings have indeed broken, divorce shall be granted if mediation void." The provisions of the third paragraph of:"has one of following state, divorce shall be granted if mediation is invalid, four):(separated by feelings of full two years". In view of "feelings have indeed broken" the abstract basis, relevant laws and regulations and not the and explain what is meant by "separation" also not in the relevant laws and judicial interpretation to make the standard, clear explanations. This leads to the judicial practice to the abuse of the operation, also do not accord with the principle of free marriage. In the academic circle of establishing the husband and wife have lives apart the system calls the legislation, reflect the society to lives apart the system to demand.Husband and wife lives apart the system is to point to the couple doesn’t remove marriage relationship, but stop the cohabitation obligations marriage and family system. In compliance with the freedom of marriage spirit, accords with modern legal system of justice, freedom, and the pursuit of efficiency. In a foreign country, husband and wife lives apart the system to assist the church law is prohibited divorce from the socialist alternative means, but development to modern lives apart the system, it has abandoned the original not reasonable factor, become a advanced the marriage system, and gradually adopted by all over the world.Our country because of the social history reason, in the early days of husband and wife lives apart the system to establish the legislation of the soil, but since reform and opening-up, with the development of society, people’s marriage family idea there are major changes to ethical for important features of marriage and family system also needs change. However, due to the lack of the husband and wife lives apart the system, and the real life of the phenomenon of husband and wife don’t exist, on the one hand, our country the instability of marriage intensified, and the divorce rate is increasing year by year, on the other hand in judicial practice, the court facing the complex complex, all-embracing divorce has explored and try related trial way, the necessary legislation to husband and wife lives apart the system way clear to establish down, and with the "marriage law" connected. The author in research, analysis, foreign lawmaking experiences, the author thinks that it is necessary to establish couples lives apart the system. Husband and wife lives apart the system to help reduce the family violence, impulse divorce and other social problems, which saves judicial resources, improving judicial efficiency, but also for the maintenance of marriage and family and social stability, avoid hasty has a lot to the positive role of the divorce. In the establishment of China’s husband and wife lives apart the system to the scale of the system is the changes, this first clear regulations in the legislation in its meaning, and at the same time detailed in the area with the relationship between respectively divorce and different applicable conditions. In the legislative model and the style, in the development of marriage as not a single stage, should set as a separate chapter, and "marriage" and "divorce" chapter coordination. In the specific contents, from the form, reason not to don’t the validity of the habitat, not only the mode and the legislative reference foreign experience, more consider the situation in our country, in view of the reality of the existing situations and make the legislative design of human nature. This article unifies the domestic and foreign couple lives apart the system to the present legislation and research, from the system of husband and wife don’t meaning of, and the system value carried on the detailed and in-depth analysis of that our country should be and might be established couples lives apart the system, at the same time couple lives apart the system to probes into the construction of legislation.