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The Improvement Of Agreement Divorce From The Perspective Of Meaning Expression

Posted on:2015-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:M ShaFull Text:PDF
GTID:2266330428467395Subject:Law
Abstract/Summary:PDF Full Text Request
The famous demographer and sociologist of Johns Hopkins University,Andrew·J·Cher Lin has ever said, in American society, there are two strong forcescontinuing to compete. One is the long-term belief in the sacred marriage based onreligious traditions, the other is the right of self-realization in the modern sense andthe basic principles of personal freedom. When the two values conflict, the breakupand divorce will be inevitable. In fact, American society is not the only one who hassuch experience, in the international community the phenomenon of breakup ofmarital relations is quite normal as the result of the disintegration of value conflictsespecially in today’s society with rapid economic development, the rapid growth ofpersonal wealth and more open concept of marriage and sex.These agreements divorce system is the most favorite choice for the people whoare eager to break free of the shackles of marriage, because the design of " zerothreshold " system is convenient to the people who have a variety of grounds fordivorce, and the meaning as the core elements of divorce agreement determines thatthere are many advantages, which is also pursued by the people who emphasize thesuperiority of human-based marriage in today’s society. However, these advantageswill result in the abuse of freedom, if they are excessively pursued during the processof divorce, so that the marriage will be not sacred any more and cause the instabilityof marriage, and also cause many negative effects on social life.In this paper, the characteristics of uncertainty and variability and diversity ofthe interests involved of means of divorce agreement will be analyzed, and from thisperspective, I try to make targeted recommendations to improve the system of divorceby agreement, in order to maintain the stability of marriage from the system level,while upholding freedom of marriage, more equality and comprehensive protectionshould be given to both husband and wife in marriage and children, and re-establishthe sanctity of marriage and the seriousness of divorce agreement system in today’sage of instant emotion.The article is expressed by the means as clues. Firstly, I describe the role of meaning of the divorce agreement and the contract and implementing freedom ofmarriage, upholding gender equality, stressing of their personal interests decided byits superiority. In order to emphasize the meaning of existence and the need ofimprovement of the system I intend to introduce the superiority of protocol divorcesystem. This will pave the way for real problems later described, which is that theparties of the marriage pursue the superiority of system excessively in a variety ofbehavior so that the meaning of the divorce agreement indicates a different degree ofblemishes and deviation of content, eventually leading to the abuse of freedom ofmarriage or generate applicable blank of the system. And then I focus on the meaningof the divorce agreement. The meaning of divorce agreement has two parts. One ismeaning of the end of marital relation and the other is the division of property andchild custody issues Dissolution of marriage often displays expressed uncertainty andvariability characteristics. And the two parts have different effects on divorceagreement based on their own characteristics. The meaning of dissolution of marriageaffects the seriousness of divorce agreement and the division of property and childsupport usually affects the fairness of the content of divorce agreement. Finally I setforth the flaws and shortage of the system from the aspect of meaning and maketargeted improvement after the former statement about the perfection of divorceagreement. In the paper the international legislation has been referred, and the actualsituation in our country has been theoretically analyzed and ultimately I put forward asound proposal.
Keywords/Search Tags:Agreement divorce, Meaning expression, System flaw, Perfection of legislation
PDF Full Text Request
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