On The Establishment Of The Separation System China

In recent years,with the improvement of our people's material living standard,the improvement of women's status,the free and equal marriage concept has been deeply rooted,the principle of the freedom of marriage and the minimalist divorce procedures,in bringing people freedom and convenience,but also caused people to the principle of excessive interpretation,so that the lack of seriousness of marriage,The phenomenon of impulsive divorce is endless,divorce rate is rising,and the rate of remarry is increasing.In addition,due to the work,education for children and other reasons,the husband and wife in fact separation of the situation is substantial.However,our laws on separation do not provide detailed provisions,only in the marriage law that two years of separation can be used as a legal reason for divorce between husband and wife,and the marital separation during the malicious disposition of property,the division of debt,and cohabitation with others,and so on these current judicial practice often appear in the key and difficult issues,The law does not make the corresponding stipulation,causes these cases to appear in the judicial practice many kinds of processing result,the same case different sentence phenomenon occurs frequently.Faced with the above practical problems,some areas of our country in the judicial level on the "Cooling-off period system","Trial divorce","Hibernation divorce" and other systems of the initial attempt and quite fruitful,but the results of these attempts are only regional,and has a greater arbitrariness,can not be widely spread nationwide.The difference between our country and foreign is only one word,but the meaning on the legal level is cloud Moss,based on which,the author suggests that the foreign mature system should be used for reference,when the relationship between husband and wife is not completely broken,let the husband and wife negotiate or according to the law in accordance with law in the legal period to dissolve the husband and wife of the common residence obligations without dissolution of their marital relations,to specify,at the legal level,the manner of separation,the duration of residence,the termination of residence and the legal effects of persons and property between spouses during the period of residence,On the one hand,it can alleviate the serious social phenomenon of high divorce rate and registration logarithm,and also help to perfect and develop the principle of marriage freedom,on the other hand,can make up the blank of our country's legislation,the vacancy of system,For our country in fact a large number of the existence of the phenomenon of separation caused by a large number of judicial practice of the treatment can achieve the judicial effect of the same sentence,really let the people feel the judicial justice,at the same time to strengthen the marriage and family awareness of spiritual civilization,the protection of women's rights and interests have.