| Registered divorce refers to a civil legal act in which the parties to a marriage have voluntarily divorced and have reached an agreement on child support property division debt settlement and other related divorce matters,and the marriage relationship has been terminated through administrative registration procedures.Compared with litigation and divorce,the applicable conditions for registration of divorce are relaxed,the applicable procedures are flexible and simple,and the cost of divorce is low.It is more suitable for divorce parties to choose and accept.But there is no eternal law,only eternal life.With the continuous advancement of the registration divorce system,new problems have also emerged,making it difficult to achieve the goal of protecting the freedom of divorce and preventing frivolous divorce.At the time when the various sections of the Civil Code of our country were fully formulated,in order to deal with the problems caused by the excessive freedom of contemporary divorce,the author intends to conduct in-depth research on the shortcomings of China’s registered divorce system and the improvement of legislation.This article is divided into four parts:The first part is an overview of the registration divorce system.This section clarifies the concept of registered divorce by comparing registered divorce with agreed divorce.Then From China’s specific national conditions and divorce registration system itself functions to analyze the necessity of registration of divorce in our country.Then further explore the legal basis of the registration divorce system from the legal level.Finally,combing the registration of divorce in our country’s legislative history.The second part is the investigation and analysis of the legislation of the registration divorce system.This part mainly investigates the provisions of the registration divorce system in South Korea,Japan,Russia,and then analyzes the legislative characteristics and background of different countries,in order to provide reference for the legislative improvement of the registration divorce system in China.The third part analyzes the status quo and defects of China’s registration divorce system.In this part,first of all,through combing the current laws,administrative regulations,departmental rules and other provisions,to understand the legislative status of registered divorce in China.Secondly,combined with the relevant data of registered divorce published by the Ministry of civil affairs and other departments,as well as the relevant judicial cases and non judicial cases about registered divorce,to understand the implementation status of registered divorce in China.Then,combined with the civil code,marriage and family code(Draft),to explore the dynamics of the legislation on registered divorce.Finally,this paper analyzes and summarizes the above-mentioned situation,and reveals that there are some defects in the current registration divorce system in China,such as imperfect legislative concept,imperfect substantive conditions and too simple procedures.The fourth part is the improvement of China’s divorce registration system.This section combines the previous discussions on the registration divorce system,and proposes three aspects to improve China’s registration divorce system.First,change the legislative concept of the registration divorce system in China.Then in terms of substantive conditions: further restrict the application of the registration divorce system from the time of marriage and the presence or absence of minor children;strengthen the substantive review power of the registration divorce authority by clearly registering the divorce review objects and review standards;and add rights regarding children The essential elements of the maximization principle;strengthen the supervision and regulation of the registration of divorce by providing for the revocation of divorce invalidity.Finally,in terms of procedural elements: the introduction of mediation as a pre-procedure for registering divorce;establishing and refining the cooling-off period for registering divorce;and increasing the design of procedures for protecting minor children. |
