Research On Divorce Conditions In China

The premise of divorce is the existence of legal marriage,Marriage is recognized by the social system at that time,combined with men and women with the purpose of living together forever,it has both natural and social attribute,and the essential attribute is its social attribute.The freedom of marriage is a very important content in modern marriage law,and divorce freedom is also an important part of marriage freedom.However,freedom is limited in the world,divorce freedom should be limited too.Because divorce conditions have a significant impact on the realization of freedom of divorce,but also on the marriage and family and even social development,therefore,divorce conditions law-making need to balance the individual freedom,social justice and the social order.The first chapter "introduction”: introduce the reason of choosing this thesis,followed give a simple comb to the ways of divorce and divorce conditions in China,point out that divorce is very free in our country,and study the recent research on divorce condition in China,find out the necessity for conducting a comprehensive study on divorce conditions.At the same time,there are explains to the emphasis and difficulty in this thesis.The second chapter overview divorce conditions: the meaning and function of divorce conditions are discussed in this paper,on this basis,give a simple review to the condition of divorce in the west and China’s legislative history,then we can have a relatively understanding of the development of the divorce conditions,finally recognize the divorce conditions have a connection with the development of the society.The third chapter " value considerations for divorce conditions”: evaluate divorce conditions with freedom,justice and order these three-important legal value,legal concept,then draw the inspiration: divorce conditions should reflect and include freedom,justice and order,meanwhile,the divorce conditions also should balance the relationship between freedom,justice and order.The divorce conditions have to balance the relationship of freedom,justice and order,so the establishment of the divorce conditions is necessarily affected by it,this chapter make the beneficial discussion on it.The fourth chapter "the investigation of current marriage law divorce conditions in China”: have legal researches and efficacy researches of law for the registered divorce and the litigation divorce respectively on our country’s divorce conditions,and pointed out the problems of the divorce registration condition and the litigation divorce,and give the direction for the following improving proposal.The fifth chapter "thinking of improving proposal for divorce conditions in China" : on the basis of the above discussion,finally provide the suggestions to improve the divorce conditions in China for the registration divorce and the litigation divorce respectively.To Divorce registration,limit families with minor children aged eight to apply for registration divorce;Establish marriage age restrictions;Set up considering time before divorce;Set up responsibility system on registration divorce.To litigation divorce: using the breakdown of marriage as the litigation divorce condition;Put the fraud as a condition of litigation divorce cases;Perfect the separation system in divorce;Establish divorce education guidance system.