The Research Of China’s Divorce By Agreement System Starting From The Fake Divorce Caused By The New"National Five"

Marriage is refers to the men and women both parties for the purpose of permanent life together, is content with the rights and obligations between husband and wife, voluntary concluded between the sexes unions in accordance with the law.Divorce freedom is both sides in accordance with the remove of the marriage, reflects the legal respect marriage party autonomy, it is both a constitutional basic rights, is also a basic principle of marriage law. Divorce namely "two willing to divorce", refers to have lawful marriage couples voluntary divorce, and child support, division of property and debt problems upon reaching a negotiated consensus through the relevant departments of the registration by the husband and wife relationship of a kind of legal system. Since the parties in divorce by agreement have previously agreed to the divorce agreement, their privacy and the freedom to deal with the issue of divorce are fully protected,at the same time, the parties will be glad to compliance their agreement consciously. Because the characteristics such as high maneuverability, fast efficient, many countries giving legitimacy to divorce agreement. However, divorce system in our country is still exist flaw and the insufficiency, which leads to many problems. For example, there is no procedures for the parties to maintain and restore relations, review of the divorce agreement is too formal, the registration authority do not have the right to review the application substantively, interests of the minor childrenis ignored in a divorce agreement, the regulation of defective divorce registration is not enough, and so on. The fake divorce("Fake Divorce" is not a legal concept, it is a true divorce as long as that the parties have finished the divorce formalities. The "false divorce" in this article is just a kind of "social phenomenon", not a legal divorce) caused by the new "national five" highlights the existence of the defect protocol divorce system. Therefore, the future of our country agreed to a divorce legislation should consider the proper legal intervention and intervention should be considered in marriage law. For example, we should set a time limit for divorce application and same time for the parties to consider carefully before making a decision, we can add mediation program in divorce by agreement, we can confer the rights to review the application substantively on the registration authority, we should strengthen children rights protection, we should maintain client relationship, restore and ensure interests into the orbit of legal system.