On The Building Of Separation System In China

Because there is no regulation about separation system in our "marriage law" of our country,the purpose of this thesis is to create separation system with Chinese characteristics,in order to regulate and adjust the factual separation phenomena.In view of the fact that a series of problems occurred in the factual separation phenomenon of our country and the "trial divorce" system has been called off due to the lack of legal basis,the establishment of the system is imminent.On the base of studying and researching on the existing data,and also examines the other country's legislation system,and analyze our country present legislation,and put forward for some proposals to setting up this system in our country.This article is divided into four parts:The first part:the separation system overview.This section first introduces the basic case of the divorce case and its controversial focus.Thus for our country"marriage law" briefly analysis about the separation of content,finally because there is no separation system in China,defining the concept of the separation system,and further from separation system on the characteristics of separation system are introduced.The second part is the analysis of the extraterritorial legislation of separation system and its reference to our country.This part focuses on the analysis of Italy,the United States,Germany and other countries with successful experience of separation.This paper mainly analyzes the causes of separation,the forms of separation and the effects of separation,and summarizes the aspects which are characteristic and worthy of our country's reference.The third part is the necessity and feasibility of the separation system in China.From the establishment of the separation system is helpful to solve problems by divorce judicial practice to introduce its necessity and reduce the divorce rate aspect,from separation phenomenon occurred during the real life in China and in turn rate of ascension as well as the theory and practice in our country have made preparations for the establishment of separation system analysis the feasibility of set up the separation system in our country.The fourth part is the suggestion of building separation system in China.About separation system in this paper,main recommendations should be established in our country,the separation system stipulated in the "marriage law","divorce" chapter from our country to set up the system of separation of law,separation of form,the prohibition on the separation,separation period and termination,and supporting building to save the family intervention mechanism these concrete suggestions are putting forward.By analyzing the case as the breakthrough point,compare and analyze from the reasons,procedures and other aspects in different countries,and the current situation of the separation system of our country made the brief analysis of theory and practice.Through the study and analysis of a series of data,the author puts forward some Suggestions in the process of establishing the legal system.