The Separation System Research

Medieval European system of separated spouses reconcile prohibit a product of divorceand the reality of marital conflict, but along with religious reform and transformation of theconcept of marriage, has given a new meaning and function gradually era, the growingattention and recognition by most countries of the world, become an important part of thecontemporary part of the national marriage and family legal system. Modern separationsystem is not only efficient regulatory couple family order, good maintenance exercise of thefreedom of marriage of the spouses will and separated rights, and more conducive to theprotection of the legitimate interests of the parties to the marriage and children, and thebuilding of a harmonious society. China’s the existing Marriage in only identified outsidefeelings are not separated for two years as marital relations is broken standard is one of thestatutory grounds for divorce, not separation meanings determined, and also during the periodof separation, the couple both rights and obligations specific provisions, judicial operation sothat not only the lack of a legal basis, and there are a lot of separation in real life the fact thatthe lack of effective regulation, some of the more serious social problems draw onextra-territorial separation system by analyzing the separation situation in China and contrast,will help to build the separation system in line with China’s national conditions and theharmonious marriage and family.Case as an entry point to illustrate separated the legal system in China is still in a blankstate, combined with our specific circumstances, to clarify the necessity of our the separationlegal system building in line with China’s national conditions, legitimacy and urgency,through study and comment abroad and China’s Hong Kong, Macao, Taiwan legislation, putforward some the constructive legislative proposals for our separation system, and theintroduction of the case Revisited. This paper is divided into four parts, a total of twothousand words.The first part, First briefly enumerate the specific facts of the case, and then raised inthese cases due to separated the vacancy of the legal system unfair, unreasonable, and finallysummed come out of our country there are a lot of separation the fact that due to inadequatelegislation led to the more serious social problems.The second part, our husband and wife separated the legislative status quo and Comments. First, the concept of clearly separated and Descriptions of the separated spouseslegislation since the period of interim government in Nanjing History and evolution, and thena critical analysis of our current the couple separated Legislation missing specificperformance of the concept of separation unclear legal situation is not clear procedures andlegal effect of the lack of regulations, and existing judicial separation legislation lackoperability, easy to become parties means abandoned the spouse or minor children.The third part, separation system extraterritorial legislation Comments on the System andthe revelation of our legislation. First Law of the Sea Department in the United Kingdom andthe United States, the couple separated system, the system of separated spouses in civil law inGermany and France as well as China’s Hong Kong, Taiwan and Macao regions separatedspouses system overview of the system, and thus separated from the legislative systemseparation of the legal situation, reason and period, separated the force of law, the separationof the termination of a comparative analysis, abandoned its drawbacks, whichever benefits,combined with China’s specific national conditions generous face of the seven countries andthe type of legislation to improve our marriage and family legislation.The fourth part of the separation system of legislative proposals. First comprehensiveexposition of the necessity of building a system of separated spouses, legitimacy andimportant practical significance. Subsequently learn from foreign countries and China’s HongKong, Macao, Taiwan legislative experience based on the combination of the actualconditions, the creation of the ideal separation legislative style. And focus followed bylegislative style choices, four major aspects of the separation of the legal situation, reason andperiod of separation the force of law, the separation of the termination elaborate. Finally, thepaper introduced at the beginning of the case-depth Analysis.