Legislative Thinking On Separation System In Mainland China

Separation System established in the Middle Age,plays an important role in the society which divorces are forbidden. With the development of religion reform and the Bourgeois Revolution, some countries give permission to divorce and thus separation was adapted to modern society. It plays a vital part in adjusting relations in family in many ways. China’s current family law regarded the fact of two year’s separation out of emotion discord as one of the legal grounds for proving that marital relationship has been broken, however, it caused many problems in family and marriage due to the lack of regulation on the elements, legal ground and the legal effect of separation.This text studies on separation. It brings up problems related to separation by cases study and thus gives a brief introduce to separation and than study and analyzing separation legislation of extraterritorial area. Than the legislative status and social basis are studied in the text. The last section first states the meaning of establishing separation system in mainland China and than brings up some legislative proposals on separation of mainland China based on its reality. This text including five sections, around 1.9 thousand words.The first section, bringing up questions.This section gives brief introductions to typical cases in real life to indicate problems caused by the deficiencies in separation legislation, which lays the foundation for further study.The second section, the brief introduction of separation. This part briefly describes the history of evolution of separation and gives a brief introduction to the main content of separation, including the subject, elements and legal effect of separation. Than the functions of separation are introduced.The third section, the study and analyzing of modern separation in extraterritorial areas. Separation legislation of France, Germany,British, Australia, Hong Kong and Macao regions of China are studied in this section from the aspect of legislation model, type, legal ground, legal effect and the termination of separation and than compare on separation among countries and regions are made.The fourth section, the social basis of separation in mainland China. First, this section introduces the main legislation regulation of separation in mainland China and the inadequate on separation legislation. Second, it analyses the social basis of establishing separation in mainland China from the aspect of current situation in marriage and family area and the approving for the measures with buffering function.The fifth section, the legislative thinking on separation in mainland China. The significance of establishing separation in mainland China is described in this section and than Drawing on the experience and the previous studies, some legislative proposals are posed from angles of legislative model, type, legal ground,legal effect and termination based on the reality in mainland China.