Research On China's Registration Divorce System

Stable marriage relationship is the foundation of family happiness and social harmony.With the development of social economy and the opening of public ideology,the divorce rate has been on the rise in recent years.China's divorce system adopts a "dual-track system",which stipulates two parallel ways of dissolution of marriage,namely registration for divorce and litigation for divorce,thus providing a choice for the parties involved in the broken marriage and better implementing the principle of freedom of marriage.Divorce registration system in China,however,the lack of appropriate limits,make the registration,become more and more people choose divorce,for couples at the termination of the marriage relationship,opened the door leading to flash from the "flash marriage","hasty divorce" wait for a phenomenon,not only affect the family stability,but also not conducive to the healthy growth of minor children,thus affecting social harmony and stability.Therefore,while guaranteeing the freedom of divorce of the parties in the marriage,appropriate restrictions should be put in place to prevent hasty divorce and ensure stable marriage and family life.Compared with foreign relevant legislation,China's relevant legislative provisions are not perfect,and there are many deficiencies in the conditions and procedures of divorce registration,so it is particularly important to improve the divorce registration system as soon as possible.In addition to the introduction,this paper is divided into four parts:The first part is the basic theory of China's divorce registration system.First of all,the concept of divorce registration system should be clarified,the relationship between divorce registration and agreement divorce should be distinguished,and the nature of "registration" in divorce registration should be analyzed.Further analysis of the necessity of China's divorce registration system,that is,to ensure the realization of the freedom of divorce of the parties to the marriage,to protect the interests of minor children,to maintain the stability of marriage and family relations.The second part selects some countries of mainland law system,Macao and Taiwan to compare and analyze the legislation of divorce registration system.Through the legislative system of other countries and regions on the registration of divorce,the difference between the conditions of the registration of divorce,the comparison of the registration of divorce procedures,in order to learn from the other stones,improve China's registration of divorcesystem in terms of conditions,procedures and other aspects of the relevant legislative provisions.The third part reviews and analyzes the different views of the theoretical and practical circles on the improvement of the divorce registration system.On the basis of integrating a large number of data,this paper classifies related viewpoints and expounds the reasons supporting their viewpoints.Meanwhile,this paper evaluates their propositions based on the principles of marriage law and relevant legislation,and finally puts forward personal propositions and reasons.The fourth part analyzes the current situation of China's divorce registration system and the shortcomings of the existing legislation,and explore ways to improve the divorce registration system.In view of the insufficiency of the divorce registration system in the current legislation,this paper draws lessons from the overseas legislative experience,and refers to the feasible Suggestions for improvement in the theoretical and practical fields,and proposes targeted solutions,that is,to improve the legislation style,conditions,procedures and the relief of the effectiveness of divorce registration from four aspects of the divorce registration system.First,perfect the legislative system of divorce registration;Second,improve the conditions of divorce registration,increase restrictive provisions;Third,the procedure of divorce registration should be improved.It is suggested to increase the certificate procedure of divorce registration and the pre-procedure of mediation,and strengthen the examination authority of marriage registration organs.Fourth,improve the effectiveness of the registration of divorce relief,it is suggested to increase the registration of divorce invalid,revocable system.