Research On The Legal Problems Of False Divorce In China

With the development of the market economy and the implementation of the housing "purchase restriction order",the phenomenon of false divorce has formed a certain scale under the action of various reasons,and has become a hot issue to be solved urgently.There are two kinds of false divorce: consensual false divorce and fraudulent divorce.Although both of them show that the parties do not really want to divorce,the fundamental difference is that consensual false divorce means that both parties reach an agreement and "fake divorce" in order to seek benefits.The parties to a fraudulent divorce were not consensual or complicit.This paper is divided into four parts: the beginning as the "introduction" of the full text,briefly described the research background,literature review and the main research methods adopted in this paper;The second part briefly introduces the concept of false divorce with a real case,and through the analysis of sample data,analyzes the time and place of the occurrence of false divorce cases and the infringement of the rights and interests of a third party and other information.The third part analyzes and discusses the reasons for the high incidence of false divorce cases in China from the two aspects of laws,regulations,system deficiencies and policy loopholes.The fourth part from two directions,to prevent and remedy for how to curb the high incidence of false divorce gives the corresponding countermeasures,especially in the judicial practice often damage the legitimate rights and interests of creditors,the judicial process when challenged,as creditors,state organs,how should maintain their own rights and interests,and should be how to ensure the judicial justice,these will be in the fourth part of this article.False divorce happens frequently,which not only damages the interests of the third party,the state and the public,but also affects the social stability and harmony.To face the problem to be solved,it should be from source of legislation,deny the validity of the false divorce,critical behavior of false divorce,again through the establishment of perfect the relevant examination and registration system,strict censorship couples divorce property division agreement,in order to reduce the false divorce behavior to the third party,the national and social public rights and interests of the damage.