On The Legal Divorce System Of The Chinese Civil Code,Marriage And Family Compilation (Draft)

The legal divorce system includes the legal divorce standard and the legal divorce condition.Regarding the legal divorce standard,the legal divorce standard of our country from 1950 to 1980 is " marriage relation breakdown ",From 1980 to 2018,China’s legal divorce standards have been " emotional breakdown ".Regarding the legal conditions for divorce,the Marriage Law of 1950 and 1980 did not stipulate the legal conditions for divorce.In 2001,the revised Marriage Law added five legal conditions for divorce,namely,the legal conditions for divorce,which were deemed to be the emotional breakdown of husband and wife.The Civil Code,marriage and family compilation(draft),published on September 6,2018,still insists on the legal divorce standard of "emotional breakdown",and has not changed the legal conditions for divorce.The historical change of legal divorce system has its special time background.It is helpful for us to understand the reasons for the change of legal divorce system and to strengthen the examination of the time background and historical factors in perfecting the legal divorce system by exploring the time background of establishing different divorce systems in different periods.Exploring the background of different legal divorce systems in different periods will help us understand the reasons for the changes of legal divorce system and find out the development direction of legal divorce system.The legal divorce standard reflects a country’s divorce policy and the value orientation of the divorce legislation.Now the Civil Code,marriage and family compilation(draft)is being compiled,the Civil Code,marriage and family compilation(draft)is suggested to continue to adhere to the statutory divorce standard of "emotional breakdown",This is the inevitable choice of economic development,changes in the concept of marriage and family,marital ethical attributes,years of experience in judicial practice,demand for divorce in litigation,legislative developments.In addition,The Civil Code,marriage and family compilation(draft)should further improve the legal conditions for divorce on the basis of determining the legal divorce standard of "emotional breakdown",It is proposed to supplement the two statutory c onditions of divorce: "The spouse has an alcoholic abuse incorrigible" and "a long-term disharmony in sexual life between husband and wife".