The Research Of Separation System

In fact, the description of separation system in mainland China is only "separation because of emotional incompatibility least two years" argument. "The most important function of this provision is presumed the marriage of the couple has become no return, rather than a complete legal system. This paper argues that the modern separation system not only reflects the principle of freedom in marriage, effectively safeguard the legitimate rights and interests of the parties to the marriage, but also protect the family harmony and social stability. However, because our country has no corresponding legislation of other ranks, which has led to some inconvenience to the judicial practice work and objective existence of separation.Thus, the creation and perfection of separation system has certain positive significance of our marriage legislation.This paper is divided into introduction, body and conclusion. Body part is divided into four chapters.The first chapter is divided into four parts: First, the origin and evolution of separation system; the second is the characteristics and identification of separation concept; the third is separated compare with other relevant concepts; Fourth, the value of separation system. This chapter is intended to make the reader a preliminary understanding of the circumstances surrounding in separation system.The second chapter describes the current legislation and its defection,which aims to introduce the reader there is no perfect separation system and the need to complement the place.The third chapter is a comparative study of countries outside the world which has perfect separation system,in order to improve the separation of the legal system with Chinese characteristics,by holding others' essence and rounding to others' dregs.The fourth chapter describes a number of legislative recommendations of the separation system, in particular the concept of separation, pattern, duration, the legal consequences of the termination of such matters.