Legal System Of Other Ranks

Spouse separation is a law system which means that spouse can remove the obligation of cohabitation between husband and wife but not the dissolution of the marriage system through consultation or the court ruling but not divorce. Separation system, originating from the medieval Christian church law, is the product of prohibition of divorce. With the development of the times, separation system had faded religious color, and was endowed with new function. Based on the existing literature data as the basis, the article digests and absorbs the information of the relevant knowledge, and digs deeper for the deep connotation of the separation system, and is fully prepared for mirroring its essence.As a mature law system, the freedom value the separation system is its special value of adapting to modern society. I realize that separation system has its deep foundation through comparative analysis of the separation system of current legislation of many foreign countries. Since the founding of new China, our country has formulated two marriage laws, but whether the marriage law of1950or1980has not stipulated. In2001after the amendment of the marriage law, the separation system was stipulated in the thirty-second Article3Item4" due to discord separated for2years" as one of the standards of the breakdown of the feelings, but the provision is only a recognition of the fact of separation, rather than separation system. But in real life, there are plentiful legal separation phenomena in our country, but the law has no relevant provisions, which lead to a large number of conflicts. As a result, not only the interests of the people cannot get due protection, but also it causes the chaos of the judicial application, damaging the legal authority. Therefore, it will has a positive effect for perfecting our country marriage legislation and guiding judicial practice to build a reasonable and feasible separation system.This paper consists of introduction, text and conclusion, and the text is divided into four chapters.The first chapter introduces the basic knowledge of the separation system. This chapter is mainly to clarify the concept, characteristics, value of separation, composing elements and the comparative analysis of separation and divorce, separation, cohabitation and abandoned, and the definition of separation is defined on the basis of the relations The separation system is a law system which means that spouse can remove the obligation of cohabitation between husband and wife but not the dissolution of the marriage system through consultation or the court decisions. On the basis of a well-defined separation, this chapter will inspect the historical origin and development of the separation, and tries to explore the legislative intent and streamlining of its development.The second chapter introduces the separation system of the other countries and regions and compares the regulations. This chapter discusses the characteristics of modern separation system on the basis of the two major law systems in China and Hong Kong and Macao regions, I realized modern separation system has been completely free from medieval canon law period brand and presents the new characteristic. It has become an important component of the legal system of marriage.The third chapter has analyzed to the necessity and the feasibility of establishing the separation system in our country. This chapter thinks that our country should establish separation system and has the conditions of separation system after make the study of China’s marriage legislation and reality.The fourth chapter discusses the concept of the establishment of separation system in our country. This chapter, according to the specific national condition of our country and our marriage legislation, and draws lessons from abroad and China’s Hong Kong and Macao regions of the relevant legislation, put forward specific legislative proposals including the legislation pattern of the separation system, reason, effect, and termination during several aspects with a view to build with Chinese characteristics separation system.