The Freedom And Restriction Of Registry Divorce In China

Divorce registration system is an important system of divorce, divorce registration system in China changed step by step after the founding of new China, registration divorce conditions are easing. Since the founding of new China, the provisions of the conditions and procedures to registration of divorce from 1950 "marriage law" to the current "marriage registration ordinance" develops gradually strengthen administrative management for let go of administrative interference, which made registration to become personal affairs, the maximum to ensure the freedom of the parties. In recent years, however, The rate of divorce registration becoming more and more high, appearing the phenomenon of hasty divorce and the shortage of the minor children benefit protection, false divorce and The one-sided divorce. All these not only harm the parties interests but also endanger social stability and harmony. Freedom will disrupt the order when it was abuse, however, because of the divorce registration lacks the corresponding limit and restriction, not only unable to implement the guiding ideology of "provisions for freedom of divorce, prevent the reckless divorce" in our country, but also go against the legislative value of china’s marriage law. Improve the conditions of registration divorce moderately is not only conform to the purpose of the legislation but also conform to the needs of the order and stability, and it still be useful to contain the above of the social phenomena occur frequently at the same time. So, In order to better protect the freedom of divorce and to better achieve social harmony and stability, it is very necessary to improve the registration divorce conditions moderately and increase some of the restrictive provisions so that balance the interests of all aspects. For increasing the marriage age restrictions and the restrictive cause of the minor children under age 10 should not registered for divorces, restore divorce consider period, strengthen the divorce registration mediation and other procedural rules, which may prevent the formation of hasty divorce to some extent.