The Type Regulation Of Divorce Freedom In China

Divorce is the change of love between men and women,and it is the fission of heaven and earth.Freedom of divorce is about personal happiness,family stability and social justice.The divorce rate in China has been increasing year by year.At the same time,we should pay attention to the changes in social issues behind divorce.Looking at the current practice of divorce freedom in China,it is often not happy,harmonious and stable for individuals,families and society.The reason for the system is that the divorce registration procedure is too loose,the scope of the legal basis for divorce is too narrow and difficult to identify;the "parental standard" remains in the protection of children's interests,and the weak side is too formalistic.Divorce is too free,which is a hindrance to social progress;the freedom of divorce cannot be fully realized,which is a retrogression of historical civilization.Therefore,it is imperative to explore "how to properly regulate the freedom of divorce."This article begins with the development of divorce freedom,pointing out that the new Chinese divorce freedom regulations have changed from the "needs of political change,the need of social development" to the "return to personal happiness"in the value concept.The second chapter,from the divorce situation in China,the current practice of divorce freedom and the current divorce system,pointed out that the rational treatment of the divorce rate is increasing year by year,in order to enhance people's confidence in the marriage system;The happiness of the family is still unfulfilled,and family responsibilities and social justice are constantly being weakened.The current rational regulation of divorce freedom has its realistic foundation and institutional basis.The third chapter,theoretically demonstrates the reasonable regulation of the freedom of divorce is to protect the "freedom of individual happiness,strengthen family responsibilities,do not harm others",the essence of divorce freedom and the realization of social justice as the value pursuit,and the type of regulation method In the connotation sense,it is in line with the concept of substantive freedom and the"differential treatment and differential application" of social justice;it can not only guide the effective exercise of the right to freedom of divorce,but also regulate the legislative and administrative judicial activities.It is a breakthrough attempt.The fourth chapter puts forward the specific idea of the type regulation of divorce freedom.Firstly,it analyzes,refines and summarizes the manifestation of the social phenomenon of divorce according to certain criteria,and constructs three levels of divorce type.Then it proposes to improve the specific regulation;then the differential application of specific regulatory measures for different types of divorce in tabular form,and finally pointed out that there are limitations in the type of method,and should be coordinated and evaded by social justice.