The Study Of Chinese Uncontested Divorce System

Uncontested divorce is a vital part of marriage and family law system in China, is a guarantee of marriage freedom, the most important way to maintain stable and healthy marriage and family relations. The system of uncontested divorce was set in China’s first "marriage law" promulgated in 1950. After 60 years of social reality development and changes, the divorce law have been amended, but the pursuit of freedom of marriage, gender equality, and protect the rights of women and children of the legislative value hasn’t changed. As in recent years, within the rapid development of economy, the social concept of constantly updated, divorce system to deal with the problem of marriage and family in China plays an increasingly important role, but the social reality isn’t optimistic in our country, uncontested divorce system has caused some problems in the applicable, the divorce rate rose sharply, hasty divorce has been a common phenomenon in China. In the same time the lawsuit caused by the division of property or rights and interests of minor children after divorce cannot be protected also emerge in endlessly. So legal system should pay more attention to the reform and improve the system of uncontested divorce, in order to better realize its legislative purpose and value pursuit, firstly this paper expounds the related basic theory of uncontested divorce system in detail. Then, based on the current divorce system and some typical case, analysis summed up the flaws and the insufficiency. Next, introduce the divorce system in the typical foreign law. Finally puts forward some suggestions for how to reform and improve the system of uncontested divorce. Beside the introduction, this paper is divided into four parts.In the part of introduction, this paper mainly expounds the importance of choosing this problem as the research object. Overview of the current domestic research status of uncontested divorce, illustrates the research methods used in the research question and the innovationThe first part: the basic theory of uncontested divorce. Includes law concept, characteristics, legal basis and legal functions of uncontested divorce. First of all, a clear definition of the concept of divorce by agreement, as well as the difference between divorce by agreement and other legal concept of marriage law, through summarizing the evolution of the system of divorce from production to the development process, it is concluded that the value of the system of divorce. Then on the concept and characteristics of divorce law and on the basis of the theory. Finally the advantages of uncontested divorce system and its legal functions.The second part: the implementation of the uncontested divorce system in China present situation and defect analysis. First of all, analysis the implementation of the uncontested divorce system in China according to published the authority data. And then combined with some typical case analysis, summarizes the defects of current divorce system and brought about by the negative effects, mainly including, lack of buffer barrier, divorce agreement execution is poor, poor divorce mediation effect can be evaded, lack of protection of the rights and interests of minor children, divorce agreement shall review form does not ensure the relief as well as to the defective divorce.The third part: analysis of the divorce system by comparative law. First elaborated the common law system and civil law system countries respectively in typical system of divorce. Including, British law, the United States, Russia and France the relevant provisions of the law. Next summarize and analyze the characteristics of the foreign divorce legal system, put forward the reference in the uncontested divorce system in China in the foreign law.The fourth part: the improvement of the system of uncontested divorce. Firstly expounds the theoretical basis of improve the system of divorce as legal support, and then summarizes the development of divorce in today’s world within the scope of legal thought, at the same time put forward the perfect the main direction of divorce system in China. Finally combined with social reality in our country puts forward concrete suggestions to perfect the system of divorce. Mainly includes:(1) establish a barrier period of uncontested divorce. Second, set up the divorce agreement enforcement system. Three, set up the mandatory measures of psychological counseling. Fourth, improve the protection system of uncontested divorce for minor children. Fifth is the essence of the censorship to divorce agreement. Six is declaration system of invalid or revocable uncontested divorce. So as to achieve the goal of marriage legal system that pursues freedom, protection of rights and interests of children, and the purpose of maintaining social order and so on.