The Legislation Research On Spousal Separation System In China

Separation,is a legal system that adjusts the personal relationship and property relationship between husband and wife.It exempts husband and wife from cohabitation obligations by means of agreement between the husband and wife or court judgment,but does not dissolve the marriage relationship between the two parties..The system of residence was first produced in the Middle Ages of Europe and was the product of the prohibition of divorce in the Church Law.In modem society,many countries have retained this system and improved it into the Marriage and Family Law,with a view to its role in providing a buffer zone for couples in" problem marriages".China has not yet established a system of separation.Only in the second paragraph of Article 32 of the 2001 Amendment to the Marriage Law,"separation for two years"(ie,above residence)is one of the conditions for granting divorce,and there is no corresponding provision for this provision.The interpretation and refinement of the regulations make it difficult to operate in judicial practice,and it is not suitable for the social reality of the current divorce rate and remarriage rate in China.Therefore,the author wants to analyze the current legal provisions and judicial practice in this paper,investigate and evaluate the corresponding regulations of the extra-territorial residence system,to study the current situation and shortcomings of the legislation of the current residence in China,and to draw up the establishment of China by drawing on the advanced experience of foreign countries.The legislative concept of the residence system.This article has three parts,the introduction,the body,the conclusion,and the body part is divided into five chapters.The first chapter of the main text is an overview of the basic theories related to the housing system.In this chapter,the basic theories of the husband and wife residence system are mainly examined and discussed.Starting from the concept of different residences,different types of basic residences,basic concepts and the historical evolution of the housing system,the author confines the connotation of the system of residence,and examines the characteristics of the system of residence in the Middle Ages and the difference from the modern system.The second chapter is the establishment of the system of housing in China.With the continuous development of China's society and the continuous improvement of the economic level,people's ideological concepts have undergone great changes,and they also have new understandings and views on marriage.There are also some new situations in marriage and family relations.In order to maintain the stability of our society,it is not only possible but necessary to construct a system of separation.This chapter will start with the feasibility and necessity of building a housing system in China's Marriage Law.To analyze the current status of legislation in China,reflect on the inadequacy of China's housing legislation and the feasibility of establishing a separate residence system.The third chapter of the text is the legislation of the extraterritorial residence system and its enlightenment to China.Since China has not yet established a system of housing,it is of great significance to examine the legislation of other countries and regions to establish a system of residence in China.This paper intends to investigate and analyze the housing system of France,Italy and Germany,starting from the type of housing system,the rights and obligations of husband and wife during the period of residence,and the issue of child support during the period of residence.The system is evaluated and evaluated in order to draw inspiration for China.The fourth chapter is about the idea of establishing a system of residence in China.Based on the analysis and comparison of the legal system of extraterritorial residence,this chapter starts from the basic theories of the residence,the legal effect of the residence,and the procedural rules of the residence.We need to make specific provisions on the principle,types,effectiveness,duration,and termination of the residence.The housing system we want to create is not a simple copy of the foreign residence system.The relevant content of the residence must conforam to China's national conditions,respect China's culture,and at the same time be able to integrate with China's current marriage law,with a view to creating China's legal characteristics.The residence system.