Research On The Identification Standard Of Marital Breakdown

Marriage and family are the constituent cells of society,the degree of social stability is partly determined by the degree of family stability.An important part of the legal system of marriage is the divorce system,because it concerns the stability of the country,society and family.An important part of a country’s divorce legal system is the divorce standard,which is an embodiment of a country’s divorce thought and also reflects the country’s value orientation towards divorce.The divorce legal system is influenced by many factors,and the research on this system contains the views of different groups,which has become a controversial part in the compilation of civil code marriage and family.Since the founding of the People’s Republic of China in 1949,there have been three arguments about the standard of divorce in Chinese legal circles,namely,the divorce between husband and wife and the divorce between marriage.Through the discussion of divorce standard system,this paper discusses the related concepts and historical evolution of the standard of true marital relationship breakdown in China,and how to identify the true marital relationship breakdown.This article has seven parts.The first part is the introduction,which mainly analyzes the research of this paper and the research methods,and summarizes the current research contents.The second chapter is about the establishment of China’s divorce standards,including the evolution of China’s divorce standards and legislative model analysis.This part briefly describes the historical evolution of China’s legal divorce standards and analyzes the characteristics and evolution of each stage.The third chapter is about the dispute between "the theory of relationship breakdown"and "the theory of relationship breakdown’.This part analyzes the views of the two theories and the social and moral basis of the divorce standard in China.The fourth part is to study the specific criteria of determining the marital relationship has been broken.This paper mainly analyzes whether the husband-wife relationship has been broken from the aspects of marriage foundation,marital feelings and divorce reasons,as well as the status quo of the husband-wife relationship and the possibility of reconciliation.This part also analyzes several cases listed in article 32 of the marriage law that the couple’s affection has been broken.The fifth part mainly analyzes the divorce standards in the United Kingdom,the United States,France,Germany and China’s Hong Kong,Macao and Taiwan,and concludes that countries(regions) such as Britain,the United States,France and Germany take the no-fault marriage relationship breakdown as the divorce standard.This part also briefly describes some countries and regions of the world divorce litigation standards for China’s reference.The sixth chapter discusses the shortcomings of taking "the marital relationship has been broken" as the only divorce standard in China,The seventh part,from the comprehensive point of view of all aspects,summarizes the content of the article,so that the article has a beginning and an end,the structure is more complete.