China Divorce Registration System Analysis

Marriage not only been given a wealth of moral meaning, and has strict laws property, and on this basis to form the marriage legal system. And divorce registration system occupies an important position in the marriage legal system, in our country "marriage law" and relevant judicial interpretations of the divorce registration system has a relatively complete specification, but we should equally recognize that applied too much on the freedom of divorce, divorce registration too convenient, directly caused the society’s high divorce rate nowadays, the instability of family life and social harmony, therefore, for the improvement of the divorce registration system is imperative. In this paper, I will starting from the essence of the freedom of divorce and the situation of our country, in-depth analysis the divorce registration system, and on the basis of the analysis to make perfect advices.In this paper, the text is divided into five parts:The first part: the basic overview of the divorce registration system of China. This section discusses the basic content of the registration of divorce and characteristics, analyzes every important stage‘s developments of the registration system since the founding of the divorce.The second part: from a legal point of view noted that the registration of divorce has guaranteed freedom of divorce of the parties, reflects the spirit of humane care and private autonomy spirit of the law, but also pointed out that the essence of freedom of divorce under social conditions, as well as the limits of freedom equally.The third part: with the divorce registration system implementation present situation in our country, combining our country’s divorce registration system after the implementation of a series of social realistic problems. Then I will make the further analysis, to concluding that the disadvantages of current divorce registration system in our country.The fourth part: the divorce registration system of comparative law study. This part of the main countries of continental law system and Anglo-American law system divorce registration system was investigated, through analysis and comparison, points out that the content of the system there are similarities and differences, to improve the system of divorce in China provide a legislative reference.The fifth part: the Suggestions of perfecting our country’s registration system of divorce. Mainly includes: in the aspect of substantive law including divorce relief, weak of minor children parents divorce constraints and divorce of time limit for the parties; In the procedural law include draw lessons from foreign experience and practice in the system and the feasibility and necessity of considering period; Finally, improve the system of administrative authority supervision after the divorce.