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Research On Building Of Separate System In China

Posted on:2017-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:S Q ZhangFull Text:PDF
GTID:2296330482498059Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The conception of home and country is always sentiments and beliefs among Chinese people. Family is the most basic part of society and marriage is the foundation of maintaining family’s stability. Marriage and family is the most common social relation of human society and the stable and harmonious relation between marriage and family affects social stability directly or indirectly. However, with the rapid development of society and economy in China.,People’s material living standards has greatly improved and the ideological education also advances along with time, which generates modern people’s views and values on marriage and family changes quietly. Many society reports of “lightning marriages” and “lightning divorces” can be heard without end, and those people who involves in these cases are born in 1980 or 1990.Around 2004, the judicial practice of trial divorce has appeared in Henan, Tianjin, Xiamen and other provinces in China, which acquires better effects indeed. However, the phenomenon of putting “trial divorce” into practice is only for a short period of time due to the lag of law and lack of corresponding legal support. But the judicial results of “trial divorce” have cause infinite thinking among lawyers. Many researchers and scholars calls on the introduction of “Separate System” in the Marriage Law. The beneficial exploration of “trial divorce” is not only promotes judicial practices’ legalization and institutionalization, but also remain several realistic significance on perfecting the legal system of marriage and family in China.This article uses a large number of comparative analysis method, combining with history method, and supplemented by logic analysis and other methods to study and discuss with “Separate system”, which is divided into five parts:The first part stating the theoretical basis of separated. This title includes four chapters, which systematic introduces the origin and development of “Separate System” and states the theoretical basis of it detailed. At the same time, I have distinguished “Separate system” with other concepts, such as cohabitation, divorce, etc. What’s more, it also essential to cite realistic significance of “Separate system” in order to enable readers to get better understandings of the basic concepts of it.The second part is analyzing extraterritorial “Separate System”.The generation of “Separate System” is based on special historical circumstances and conditions. So in order to explore the roots of “Separate System”, it is necessary to start with the extra-regional countries which have been established it for a long time. This article lists the common law countries and civil law countries which can representative “Separate System” and carries on the comparative analysis. And with the help of legal and practical experience of other countries to deal with those contradicts and problems among Marriage Law in our country.The third part is related to the construction and improvement of “Separate System” and Marriage Law in our country. Firstly, this papers were based on the lack of related regulations of Marriage Law and social reality of divorce and separation in our country, and then discuss the significance of establishment of “Separate System” in China. Secondly, proposing concrete suggestions for establishing “Separate System” in our country from four aspects, such as conditions, requirements of program, the legal consequences and the docking situation with divorce. Finally, exploring ways and solutions to deal with contradictions among “Separate System” through an exhaustive analyze of those obstacles we are confronted with.The fourth part is conclusion. The whole text has a intensive study on the construction of “Separate System” from three specific chapters. And the last part is a summary for the whole paper.
Keywords/Search Tags:Separation, Divorce, Separate System, Marital Relations Rights and Obligations
PDF Full Text Request
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