The Theory Of The Legal Reasons For Litigant Divorce

Divorce system as an important aspect of the marriage and family system, the litigation is the adjustment of the basic norms of behavior of people divorce legal reasons. Marx and Engels in their writings had expressed their views on divorce, Marx divorce concept is the recognition of the freedom of divorce, against the reckless divorce; Engels that can be achieved only in a communist society based in love, and marriage, and to love disappearance as the sole ground for divorce. Provisions of the statutory grounds of divorce proceedings focused in section32of the Marriage Law affection has broken, if mediation fails, the divorce should be granted."This provision is the basic criteria of the court to deal with divorce cases."Flash marriage" and "flash off" phenomenon more and more in line with China’s national conditions whether the statutory grounds of divorce, people began to question the recent years, China’s divorce rate soared, our theoretical circles legal reasons for divorce proceedings two points of view;"emotional breakdown theory" and "On the breakdown of their marriage". This paper through them in depth research on the learning of Marx and Engels’ views on marriage and the provisions of the current domestic and international legal grounds for divorce on litigation, and a way to find the most suitable for China’s national conditions and in line with Marxist views on marriage divorce proceedings statutory grounds. The thrust of the article, the paper wants to be elaborated and explore through the four parts.The first part introduces the concept of marriage of Marx and Engels, seeks to tap the true meaning of Marxist views on marriage, understanding is not taken out of context, and Marx and Engels’s views on marriage as the guiding ideology of China’s current divorce legislation.The second part is to be brief and evaluation of the different provisions of the statutory grounds divorce in ancient China, modern and contemporary three different times litigation. From ancient man to modern times with divorce privilege fault doctrine has been developed to the rupture doctrine, the legal provisions of the country in continuous improvement, and divorced statutory grounds of academic debate on the statutory grounds of divorce litigation on China’s history development to make the evaluation.The third part of the statutory grounds for divorce proceedings conducted a study of comparative law, by France, the United Kingdom, the United States and Hong Kong, Macao and Taiwan regions were investigated on the provisions of the statutory grounds of divorce to be able to reference the statutory grounds of divorce proceedings.The fourth section is a summary of the content of the three to identify China’s Marriage Law "lack of legal reasons for divorce on litigation provisions and proposed a number of legislative proposals, these deficiencies in order to make the provisions of the statutory grounds of about Divorce can trulyMarxist concept of marriage, and also more in line with China’s national conditions, to make it more operational.