Study On The System Of Separation

Born in the medieval period of Europe,the system of separation was designed with the original intention to adjust the child-raising relationship and property relationship during the separation of a husband and a wife under the conditions of divorce.With the establishment of the principle of freedom of divorce,modern jurisprudence has given a new meaning to the system of separation.This ancient and often new system has become one of the important contents of many countries' marriage law in the world.In recent years,the following problems have been highlighted in the judicial practice of China's marriage law: First,the existence of a large number of facts in practice has made it impossible for the marriage law scholars to turn a blind eye to the problem of separation.Secondly,the divorce rate and the remarriage rate remain high,which forces China's jurisprudence and the judiciary to have to carefully consider whether it is possible to set up a pre-emptive or mitigation system for the divorce system,and an alternative system.In the end,the "Defense Cooling Period" clause in the Civil Code Marriage and Family(Draft)issued by China in 2018,which lets us rethink the necessity and feasibility of the construction of our country's separation system.It can be seen that the construction of a separation system that is suitable for China's national conditions and capable of properly handling various legal issues during the separation of a husband and a wife has become a top priority for the improvement of China's marriage system.This paper starts with the concept and characteristics of the system and analyzes the historical development and legal value of the extra-territorial system.Through the investigation of a large number of cases in China's judicial practice,this paper explores the necessity and feasibility of the construction of China's separation system,and proposes the establishment of our country.The legislative conception of the system is intended to provide a reference for the construction of the country's separation system.