Legislation Research On Husband And Wife Separation System

The husband and wife separation system, which is also called judicial separation, isone of the most important marriage family laws in many foreign countries. Thislaw system originated in religion laws and prevailed in the middle ages. It was firstused as a remedy to ban the divorce. But in our country, there was no relevant legallaws explained for the separation and we only admitted the divorce. Only until1989it was mentioned in the judicial interpretation for the standards about theseparation caused by emotional disharmony. Besides, in the marriage lawamendment in2001, separation was agreed as one of the legal reasons to divorce.Because modern society has a great need for the separation systems, it is necessaryfor us to have a deep study for the husband and wife separation system.Husband and wife separation system refers to that the couples are under thecondition of marriage and they only want to remove the obligation of cohabitation.It complies with the spirit of the marriage freedom, in line with the justice, equalityand freedom of modern legal laws. This thesis is a study about the husband andwife separation system.(Sampled by the data from the county K). The number ofthe separated couples is increasing in recent years. Among the divorce cases incourt, the divorce caused by the separation occupies a large proportion. But inpractice, there are a lot of obstacles to provide sufficient evidence to prove theseparation and it is usually more complicated to solve the separation problems,which shows a diverse characteristics. For example, because some urban residents’housing is relatively tight, there exits conditions that the couple are still one familybut living separately or they live in different rooms in one house. Some coupleschoose to live separately because of emotion problems, but under the persuade ofthe relatives, they move back together, unfortunately, they divorce at last. Whatconfuse the judges most is whether the brief cohabitation should be counted as thesuspension of the separation deadline. The current laws have no clear explanationfor how to be sure whether the couples are separated, how to calculate the periodof separation and how to prove their separation. What’s more, there is no clearsolution to the problems about the private property, the children and the third partyinterests.In this paper, the author understands the residents’ perception about the separation by the social study, and analyzes the deficiency of the present separation legislationin our country. The survey reveals the great needs of constructing separationsystem. Considering the important position of the separation system to marriageand the series of problems caused by separation in our society, we are called tobuild a separation system in conformity with the national conditions. The newinsight of this thesis is to establish the separation system from the perspective ofthe legislative mode of separation system, the effect of the separation and thetermination.