Study On The Problem Of Divorce Judging Standard Of Rupture Of Feelings

With the socio-economic development, people are increasingly strong desire to pursue happiness, divorce has become a lot of unhappy marriage, the parties took the first step in seeking happiness. An accurate and reasonable divorce system is not only beneficial to the parties to achieve freedom of marriage rights, but also will be conducive to social stability and peace. Affection is currently the Court when both husband and wife to divorce the only legal standard, however, the community identified several cases of alienation of mutual affection there is so much controversy, and this article is through a case study approach to these controversial cases where specific analysis. Includes:Part I: "caused by incompatibility, separated less than two years" analysis. Reference Zhang a v Liu a divorce disputes a case, first, on case do into this description; second, antibody out case in the exists of three a controversy; last, discusses himself on case of analysis and showed that himself of views, main performance in three a aspects: couples separation of causes must is because feelings discord, if because other causes separation, is cannot became filed litigation divorce of causes; as long as both party reached has separation of accord, even still coexistence a room, also can finds for separation, and without non-to points bed and breakfasts points food; On the duration does not have a continuous two-year separation, cohabitation law that allows the two heavy-reconcile temporary.Part II: "family violence" analysis. Reference von a v Tong a divorce disputes a case, first, on case do basic description; second, antibody out case in the exists of controversy focus; last, discusses himself on case of analysis and showed that himself of views, main reflected in three a aspects: family violence of violence subject must is marriage in the of party party, other relationship close of relatives cannot became family violence of implementation who; family violence of consequences not requirements non-to reached must of hurt degree, as long as party implementation has violence behavior, on can finds for implementation has family violence Cold violence belongs to a new type of domestic violence, rather than as the couple inappropriate method of resolving disputes.Part III: "physical disability" analyses. Reference pan a v Nguyen a divorce disputes a case, first, on case do basic description; second, antibody out case in the exists of controversy focus; last, discusses himself on case of analysis and showed that himself of views, main reflected in: physiological defects although can became marriage party filed litigation divorce of reason, but not any physiological defects are can as filed divorce of causes, key also is to see couples of feelings has no completely rupture; clones marriage although not Court granted divorce of statutory case, But as long as both parties feeling has been broken, divorce can also be made in this request.