Research On The Strict Clauses Of Divorce Law

The article 49 of constitution law prohibits citizens from destroying the freedom of marriage and establishes the principle of the freedom of marriage.The freedom of marriage includes the freedom of get married and divorce.The establishment of the principle and the gradual development of the no-fault divorce have led to a sharp increase in divorce rate.In the face of the social problems caused by the high divorce rate,the foreign laws has set strict provisions to limit the right to divorce.The strict clause of divorce law has refers to the clause that forbids the parties to divorce for the purpose of protecting the rights and interests of the minor children and the spouse.The clauses are of great value in protecting the rights and interests of vulnerable spouses and minor children.On the one hand,it could maintain the fairness and justice of the society.On the other hand,it could realize the balance of freedom and justice in the filed of marriage and family.The clause would promote the harmonious and stable development of families.Compared with the foreign divorce laws,the law of our country is insufficient in restriction and protection,there is more free space in the procedure and grounds in divorce problem.In recent time,there are more and more easy marriage and hasty divorce.The protection of women,children and disabled is not enough.Although the nature of divorce is the agreement of two parties,but it really concerns more interested parties and other issues.The family is the cell of society and the marriage is the core.Facing the defects of divorce system and the contradiction of reality,the Chinese scholars thought it's necessary to improve the cost of marriage,increase the restrictions on the right to divorce,and highlight the limitation and protection of vulnerable parties.In the process of making a divorce decision,it's important to considerate the children's interest.It cloud change the two-sides structure into a stable triangle structure,and reduce the negative impact caused by divorce.The limitation of divorce right could strengthen the responsibility of patents and reduce the occurrence of right abuse.In order to add the strict clause of divorce law,it's necessary to clarify the application condition,so as to avoid damaging the divorce right and bearing excessiveburden on people.Both male and female in the registration and litigation divorce as well as the children have the right to file the request according to the strict clause.The application condition should be the situation that caused the people in great pain and serious problem,which includes both in spiritual and material.In particular,it's necessary to legislate for the disabled so as to implement the obligation between couple.Because the application of the clause is depend on the occurrence of special hard situation,so if the situation not exists anymore,then the party could file the divorce request again.Under the current situation,it's necessary to add strict clause to limit divorce.Through the studying of foreign laws and considering the problem of current divorce system,we could study the function and nature of this kind of clause,so as to add strict clause of divorce law in our country.It could make up for the defects that cause by excessive freedom of existing divorce provisions,and improve the function of protection and limitation of law,and safeguard social fairness and justice.