On The Improvement Of Consensual Divorce In China

Since enacted in 2003, Marriage Registration Ordinance, the implementation of the Ordinance indicates that divorce system has went into the era of responsibility, and the concept of freedom of marriage and equality of the sexes themselves are fully respected. China has also become one of the world's most liberal divorce, and even can be said to be the most liberal country. Although Chinese Negotiated Divorce System highlights full freedom for the liberation of humanity, but also implies many drawbacks. After all, marriage is not a simple contract, contract spirit-autonomy, should in marriage, and in particular is to get a divorce is extremely respected. It caused widespread reflection of people. Therefore, in today's implementation of the twelve years, Marriage Registration Ordinance, after the surge in divorce rates, "fake divorce" frequent cases, the interests of children are neglected and so on malpractice increasingly prominent on the occasion, face Divorce by agreement system is particularly under absolute freedom important.Twelve years, although scholars improve our divorce system made a lot of suggestions, a certain amount of theoretical research. But almost all of the conclusions and recommendations are directed at certain drawbacks of whom individually, there are very few scholars to explore the reform of the divorce system in the long term path. Coupled with marriage and family complexity of the case itself, and the effectiveness of our judicial resources and so on many constraints exist, divorce system reform process so far unclear. Problems Forced reform and improve the divorce system is imperative.This article will be addressed in five aspects:The first part, to clarify the concept of divorce system, to explore the history of their produce, thereby clear divorce system existence inevitability and rationality, to explore the basis of Perfection affirmed the agreement on divorce system policy; the second part, divorce situation analysis system, combining extraterritorial legislation and the current situation of the country, to divorce legislation carding system, and through a comparative analysis of the defect; the third part analyzes the defect of divorce system, and then indicate the direction of improvement; the fourth, there is a sound legal basis and analysis divorce system, laid the legal foundation for the improvement of current divorce system, further improve the system for the delineation of the outer boundary; the fifth part, for specific defects, legal basis to rely on, have put forward proposals to this part of the analysis is a key part of this article; and finally, concludes the paper summarized proposals for improving the system of divorce again.Of course, this article is not to create a law once and for all, we are not expect to have a perfect system, not try ing to solve all the shortcomings of the current system perfect. But this article will be the guardian of hope marriage, family cherished the idea of inheritance and passed on, so that a broken marriage to minimize the damage caused by the many.