Study On The Legal Problems Of False Divorce

Since the 21st century, China has entered a period of rapid development of economy and society, and the market overall economic prosperity, there have been a number of social issues, coupled with China’s social management system is not perfect, fake divorce phenomenon gradually "hot," it has become a very "fashionable "phenomenon. This phenomenon not only reflects the level of defects in today’s national and moral decline, the legal system, but also on the social and moral and legal order caused some adverse effects. Fake divorce sight began to gather social groups, but also caused concern of experts and scholars.Our legislation is still lacking for fake divorce norms of behavior, mainly in imperfect "Marriage" and "Civil Law" the relevant provisions. This paper attempts to generalize the parties views and opinions of experts and scholars through the summary of fake divorce phenomenon more thorough analysis to propose solutions to the problem of countermeasures.This paper introduces the concept of fake divorce, causes, Components, and classification. Some scholars cheat classified divorce fake divorce, but I understand fake divorce by divorce and lie behind different purpose and motivation, to draw the boundaries between the two. About fake divorce classification, but some scholars fake divorce into conspires type fake divorce and the true meaning of retaining fake divorce, I believe that this point of view due to consider the true meaning of reservations belonging to the unilateral intention of hypocrisy should not be classified as being fake divorce and research for the true meaning of the false reservations divorce in practical aspects of little significance, so this is only limited to the case of the fake divorce for both Conspirators. Secondly, the legal effect of fake divorce is the core of a range of issues, the legal effect of law is no clearly defined fake divorce and domestic experts and scholars to express their views on this issue, China’s Taiwan and Japanese law, the literature on this issue has also been involved while fake divorce hypocrisy intention whether bona fide third party, the identity of the relevant provisions of the Civil behavior is the legal validity of the theory, there are many different views. Overall exist in real meaning scholars say the core of the effectiveness of the negative outlook and the effectiveness of the form and she said sure as the core concept. For legal effect fake divorce, I think we should take concrete meaning to say deny its effectiveness, but when it comes to bona fide third party, you should be sure their effectiveness in order to protect the legitimate interests of the third party. Take measures against fake divorce phenomenon, not only from the policy or punishment aspects, only to give it sufficient legal basis to "cure" and therefore improve the system of divorce, will play a good effect.