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A Study On The Construction Of The System Of The Disintegration Of The Divorce In The Background Of The Social

Posted on:2021-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:X X FuFull Text:PDF
GTID:2506306104990189Subject:Master of law
Abstract/Summary:PDF Full Text Request
The system of divorce cooling-off period is a useful exploration for the improvement of marriage and family law,the effective and proper settlement of impulsive divorce disputes,the equalization of divorce freedom and the maintenance of family stability,social harmony and healthy development.In this thesis,the author studies the social reasons,legal basis and path of constructing the divorce cooling-off period system in our country by using the professional knowledge of sociology of law and jurisprudence.Finally,the author puts forward some concrete suggestions for constructing the cooling-off period system of divorce in our country.This thesis consists of three parts: introduction,text and conclusion.The introduction part mainly narrates the question raising,introduces the social background of the divorce cooling-off period system in our country,briefly analyzes the marriage and family system and the marital status in our country,and demonstrates the great theoretical and practical significance of the topic selection.At the same time,it also introduces the research status of domestic and foreign scholars on this topic and the research methods of this paper.The first chapter mainly summarizes the divorce cooling-off period system,introduces its concept and the relevant legal provisions of foreign countries,and also combs the whole process of divorce cooling-off period system from the beginning to the practice exploration of the court in our country.This part is mainly the description of the current situation of the system,for the specific exploration after the simple paving.The second chapter mainly through the concrete data analysis,explains our country at present impulsive divorce phenomenon is serious,the negative effect is big,and the legal practice to the divorce dispute settlement tends to be regularized,the existing marriage system can not play the role of preventing impulsive divorce,more clearly elaborated in our country constructs the divorce calm period system society Reason.The third chapter mainly through the divorce cooling-off period system and "marriage freedom principle "," family standard idea "," social standard idea" internal relations analysis,demonstrates the legal basis of the system construction,but also to the outside world about whether the divorce cooling-off period system violates the principle of marriage freedom.The fourth chapter draws lessons from the analysis of the background and concrete measures of implementing the divorce coolingoff period system in Korea and Australia.Through the analysis and introduction of the two courts that have tried the water in our country,we can sum up the study carefully and provide a reliable reference sample for the future system construction.The fifth chapter from the divorce cooling-off period system applicable rules,implementation procedures,supporting measures three parts,according to the actual situation of our country to carry out the divorce cooling-off period system path construction.Conclusion In the background of social transformation and outstanding problems of marriage and family,the author constructs the system of divorce cooling-off period,effectively and properly resolves marital and family disputes,prevents impulsive divorce to maintain family stability,promotes socialist core values,and ensures the harmonious and healthy development of society.
Keywords/Search Tags:Divorce cooling period system, Social reasons, Legal basis, Practical exploration, Construction path
PDF Full Text Request
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