The Current Problems Existing In The System Of Divorce And Legislative Suggestions

Divorce system is an important part of marriage and family system, hasexperienced quite a long historical evolution. Divorce system effectivenessindividuals, families, the impact on society and concern. Divorce forms ofinstitutional and social changes to adapt its production, development and change inthe evolution process. Experienced a divorce system from scratch, from theprohibition of divorce to permit divorce and then limit the divorce process; emergedfrom the divorce system to today, has appeared in fault principle, the principlepurpose of the evaluation model and fracture principles. These changes divorcesystem is constrained by economic conditions in various regions and countries, butalso by the region or the country’s political, cultural and traditional influence.Marital behavior of the most basic of human society one of the acts, includingacts of marriage and divorce behavior. In recent years, with divorce cases increasedyear by year, the divorce rate is also rising. However, China’s current legislation ondivorce proceedings is not perfect, resulting in a long time divorce proceedings,dissolution of marriage and countless other problems related difficulties. Since theprovisions of the agreement is more than the freedom of the system, lack ofrestrictions, in practice, lead to many problems, such as hasty divorce parties, theinterests of the minor child neglect, divorce by agreement conspires to escape debtand divorce, divorce and cheating and other undesirable social phenomena occurfrequently.The above phenomenon is emerging, China’s current divorce system for furtherdiscussion and its continuous improvement is imminent. Therefore, the future ofdivorce legislation should consider appropriate intervention and intervention of thelaw, which aims to contribute to a cautious divorce mechanism to provide thenecessary legal guarantees for the maintenance and restoration and protection of theinterests of the client relationship.This paper attempts to study the legislative history of the development of adivorce, find their trends, and through comparison of some state laws and regulations,combined with our current "marriage" to the relevant judicial interpretation andjudicial practice in China, according to the theoretical foundation of law, trying tosort out our divorce system development context, the analysis of the existing legalgrounds for divorce in a logical flaws and try to make some suggestions to improvelegislation.