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The History Study Of UK Divorce Law

Posted on:2013-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:B DongFull Text:PDF
GTID:2256330395488460Subject:Legal history
Abstract/Summary:PDF Full Text Request
The family is the social cell,and it is not only the people’s basic living unit, also have avariety of important social function· Whether the cells to the stability of the society healthplays an important role· And marriage and family ties,this is the link of the divorce fault· So,for all ages and divorce problem any country importance,China ancient times "seven out ofthree to" about the provisions of the divorce· Many European countries have about theprovisions of the divorce· Europe in religious reform hereafter, many countries have themarriage law reform, but the episcopal church still insist on do not remove the doctrine ofthe marriage,not the reform of the law,until the1857British just passes the first divorcelaw,but in the20century,British divorce law of the modernization of the development andgo in European front row, this article,from the UK divorce law for the specification of thestudy of English society different historical period of the divorce law are examined andexplored.This paper will be divided into introduction and two most of the text· In the introductionsection, this article elaborates the divorce of British society, the British in the middle of thenineteenth century Europe before the divorce rate is the lowest in the world,enter the20thcentury after the divorce rate in Europe and even number and the world is quite high, a lot ofbroken families will give social huge pressure,such as single parent families is growing,especially more households single mother,must cause the hinterlands of women andchildren,and so on· And suggesting his own thinking· Then the UK divorce law research arereviewed.This paper mainly discusses the second part of the20th century Britain is the divorcelaw of the modernization of the reform. The whole of the20th century UK divorce law after afew reform, gradually toward modernization· This part is divided into three bar respectively,the1937divorce law,1969marriage law and1996divorce law progress in the reform of theplace and shortcomings are analyzed. And detailed in this paper a divorce law of eachformulated the historical background and social strata of the discussion,also analyses each a divorce law entities defects.This paper of the third part is divided into four section, according to the British historypromulgated by the several divorce law,summarizes the UK divorce law of some of the lawof development· That is,from free to pursue divorce support the return of marriage andfamily,the pursuit of the divorce procedures simplified to a rigorous program, melt the childneglect to children’s rights and interests of the first by the discrimination against female togradually realize the equality between men and women four aspects· From its divorce lawreform process that,first of all,in the church law control,British no national law in the senseof divorce law,people not divorce freedom. Since1857the first part of the divorce act,theBritish on the divorce law reform continuously,realize the divorce from limited to divorceliberal socialist transformation,the divorce procedures also simplify ceaselessly.Yet theincreasing divorce rate, after divorce age single parent families team expansion, hasbecome a serious trouble British social health of social problems· Britain began to review itsdivorce law,the design of the program to divorce more rigorous and careful,its purpose is tosave as much as possible about to break up of marriage,is enough to show that the marriageand family to support· Second,the women’s LiHunQuan divorced in1857,almost no writtenlaw before and after LiHunQuan but have given though discrimination,1923divorce lawwhen,the British women have and men LiHunQuan equality· Children’s Rights and interestsin the beginning is overlooked,the1989Children’s law(Children Act1989)and the1998Human Rights Act (Human Rights Act1998,hereinafter referred to as HRA)promulgated,make Children’s Rights and interests protection fully guaranteed.All in all, this paper attempts to stand in the perspective of marriage and family law,tothe19century of UK divorce law review,from the deep analysis of the marriage systemreform divorce law of the impact of and development trend,to China in the future legislationfind marriage can be used for reference.
Keywords/Search Tags:Secularization, Grounds for Divorce, Divorce Act
PDF Full Text Request
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