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A Comparative Study Of The Legal Consequences Of Divorce Across The Taiwan Strait

Posted on:2019-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2436330572456928Subject:legal
Abstract/Summary:PDF Full Text Request
For various reasons in history,the two sides of the Taiwan Strait have developed different legal systems with their own characteristics.The two sides have great differences in the legislative and judicial practice of the divorce system,which is mainly reflected in the divorce by agreement.With regard to the legal consequences of divorce and divorce proceedings,the article analyzes the differences between the two sides on the issue of divorce consequences by comparing the legal provisions on the consequences of divorce between the two sides of the strait.On this basis,the two sides of the divorce legal system how to learn from each other and put forward suggestions.The article is divided into five parts to explain the above problems.In the first part,the author points out the origin,theoretical significance and practical value,research methods,and the current situation of the research at home and abroad.The article is divided into five parts to explain the above problems.The second part introduces the basic problems of the legal consequences of divorce,mainly from the two major aspects: an overview of the legal system of divorce and an overview of the legal consequences of divorce.So that the legal consequences of divorce between the two sides of the strait more clear,conducive to achieve the purpose of this study.The third part introduces status of the mainland and Taiwan legal consequences of divorce involving,mainly from the two aspects of the legal consequences of the couple's divorce and parent-child relationship of the legal consequences of divorce.Pointed out that the rupture of cross-strait relations,the couples divorce,there are certain similarities between child support and other aspects,but whether it will reach the problem of raising children as a consistent divorce premise,and the judge discretion and other aspects of the problem of child support is different.Part 4th introduces the property issues involved in the legal consequences of divorce between the mainland and Taiwan,mainly from the perspective of property divisionand debt treatment.Comparing the benefits and payments of alimony after divorce.It is pointed out that the two sides of the strait have similar property division principles corresponding to different matrimonial property systems at the time of divorce,and the relief system applicable to one party when divorce results in difficulties in their lives.However,the two sides of the property division and propertyagreement slightly different views.In the fifth part,referring to the perfection of the legal consequences of divorce in mainland China in Taiwan,the author points out that this paper compares the status and property issues of the legal consequences of divorce on both sides of the Taiwan Strait by means of comparative study.This paper mainly refers to the legal consequences of divorce in Taiwan from the two aspects of parent-child support system and property division system,and puts forward some suggestions that can be used for reference and absorption in the legal consequence system of divorce in mainland China.
Keywords/Search Tags:Principle of best interests of children, financial assistance, matrimonial property system, parental rights
PDF Full Text Request
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