On The Construction Of Separation System In China

Separation system refers to the husband and wife in the emotional discord,according to the agreement or the court ruling,within a certain period of time to suspend cohabitation obligations,change the corresponding husband and wife personal relations,property relations and parent-child relationship,but not the dissolution of the legal system.The majority of countries in the world have established this marriage relief system,China's Hong Kong and Macao are no exception,the Taiwan region has now proposed a separate draft,and China's mainland areas in the "Marriage Law" provides a certain period of separation is the legal reason for divorce One,but in essence did not establish a complete separation system.At the moment of the compilation of our civil code,this time to build a separation system not only conform to the trend of world marriage legislation,but also improve our civil code system.In addition,the separation system can also protect the freedom of marriage at the same time to avoid the occurrence of hasty divorce,effectively reduce the divorce rate;to solve the separation of the judicial trial identified problems.How to build a separation system in China?This paper,by drawing on extraterritorial legislation,thinks that China should establish the legislative system of separation and divorce in parallel,and give the parties the right to choose the right to protect the freedom of divorce and carry out the principle of "prudent divorce".Secondly,Separation of the auxiliary and simple procedures to save the cost of justice,the reasons for the separation of the law does not provide for the provisions of the referee separation reasons include divorce reasons and additional reasons;again,the separation of the legal effect,including husband and wife personal relations on the cohabitation obligations,The existence of the relationship between husband and wife property relations,inheritance rights exist in principle,the property system in the agreed time for the common property system,parent-child relationship during the separation of newborns and parent relations identified by the paternity test basis,Parents negotiate the establishment of temporary caregivers and follow the principle of maximizing the interests of their children;finally,the separation period is 3 months to 2 years,during which divorce,and good,death and separation period expires will lead to separation termination.