Research On The Judicial Confirmation Of The System Of Separating Marital Couples

The separation system,which is one of the legal systems derived from medieval religious law,has been preserved and gradually adapted in the modern age due to its malleability.The separation system can ease the conflict between husband and wife,and can arrange and negotiate the property and parental rights after the divorce.It is an important part of the divorce system construction.The current Marriage Law of China does not regulate the rights and obligations of couples during the separation of spouses stated in the Marriage Law,nor does it provide systematic guidance on the content of the children's support during separation,so that couples who are in the period of separation cannot obtain effective personal and property rights.protection.In this context,experts and scholars in the theoretical circle of China have translated a large number of foreign books on separation and have made many proposals based on our country's actual judicial environment.Unfortunately,none of these ideas have actually entered the legislators.In the eyes,based on the contradictions emanating from the current domestic separation,the identity relationship and property relations during the separation period will have various unprecedented problems every year.Although the judicial resources and law enforcement capabilities in the new era have been improved,there is no corresponding legislation.According to the court's accumulation of relevant experience in judicial practice,it is difficult to co-determine with the case,and the establishment of a cohabitation system will achieve better fairness.The author intends to examine the normative means and content of the judicial separation system from the perspective of establishing a judicial confirmation system for separating married couples.The first chapter of this paper is the basic chapter,which mainly discusses the basic theory of the separation system.The first chapter mainly introduces the meaning,nature and type of the separation system,historical evolution and so on.It introduces the rational logic of the separation system and provides a justification for the establishment of judicial confirmation of the separation system.At the same time,it compares and analyzes the design of the separation system of the Anglo-American legal system and the civil law countries,and introduces the historical logic of the separation system,as a model for designing the judicial confirmation separation system in China.The second chapter is the issue,which raises the problems currently facing the separation of husband and wife in China.The main reason is the lack of legal reasons,procedures and consequences for confirming the separation of husband and wife.It mainly discusses the unfavorable social influences caused by the large number of undivided facts,and points out the damage to judicial authority and the damage of citizens' rights and property rights.The third chapter,the fourth chapter and the fifth chapter of this paper are the architecture articles.It mainly discusses the issues raised in Chapter 2,how to correspond to the legal reasons,procedures and legal consequences of confirming the separation of husband and wife,and the review procedures and steps that should be taken in the judicial confirmation of the separation system in China,and the resulting Legal consequences.