The Study On Spousal Separation System In China

Spousal Separation System has been a mature system abroad whichplays an important role in preventing couples from rushing to divorce and providing a suitable period for divorce for couples whose feelings have been broken.With the rapid development of our country's economy,there have been great changes in every field of society,and some new conditions and problems have appeared in the field of marriage.Through the relevant data,the selection of divorce dispute case analysis and query on the website of the Ministry of civil affairs of People's Republic of China online access to literature survey,it is not difficult to find these new conditions and problems for the couple because of emotional discord and existence of separated situation increase,the couple grass from the abnormal phenomenon of divorce and divorce the couple remarried rate.From these problems,we can find that people's attitudes towards divorce are slowly changing,and the relationship between husband and wife is gradually becoming the standard of whether marriage can survive.This reflects the progress of social civilization.However,the harm of its existence cannot be ignored.On the one hand,there is a lack of targeted regulation between spouses' rights and obligations during the separation of husband and wife,which is likely to lead to abuse of power and damage the legitimate rights and interests of the couple and the threepeople.On the other hand,the rise of divorce rate and remarriage rate indicates the existence of grass and grass between couples,and some divorced couples hope to break up.The rising divorce rate and remarriage rate will inevitably affect the stability of social order.Although the "People's Republic of China Marriage Law"(hereinafter referred to as the "Marriage Law" provisions of the third paragraph of article thirty-second)"because of emotional discord separated for two years as a legal reason of divorce,and defines the relationship between separation and divorce,but the main effect of this provision is presumed to both husband and wife affection has been reached the divorce standard for couples between during the separation of rights and obligations to matters not specified,the new problems in the field of marriage cannot be solved well.There is no tradition of Spousal Separation,so it is difficult to provide a feasible solution for the current marriage problems.Since the reform and opening up,all aspects of society have been turning well.The legal status of husband and wife in family and society tends to be equal.The interests of children become the most important principles to deal with family relations.All these have laid a good foundation for the construction and improvement of separation system.What is more,the court system of our country realized the benefits of the spousal separation system,and began to practice the separation system in the field of judicature.For example,the court of Puyang City of Henan province started the first stepthatthe experimental divorce system was tried.The Shanghai Jingan court set up the cool season system of divorce cases in June 2016.All of the above fully illustrate the feasibility of establishing a perfect spousal separation system in China.Considering the national conditions of our country and referring to the advanced foreign legislation,it is imperative to establish a spousal separation system.Therefore,whichshould clear specific matters through the couple separation system legislation style,form and procedure,reason,legal validity,duration and termination,set up a perfect separation system,in order to better regulate the rights and obligations of both parties during the separation period,and feelings of couples provide a buffer period,to ease the contradiction,repair of feelings,finally in good repair.