A Study On The Judicial Application Rules Of Couple’s Loyalty Agreement

According to statistics,45% of divorce cases in China have extramarital affairs,derailment,etc.In such cases,one or both parties claim that the other party has domestic violence or extramarital affairs,cohabitation outside with others,etc.,and then,on this ground,advocates emotional breakdown and requires divorce.At the same time,the marriage lawsuit represented by the husband and wife signed a loyalty agreement is a blowout.But the law does not specify such loyalty agreements.Article 4 of the Marriage Law “couples should be loyal to each other” because of the lack of operability in litigation,the lack of strong interpretative penetrating power in application,resulting in a large number of different judgments in the same case,and the lack of uniform judicial application rules.Through the existing public jurisprudence,the text data is sorted by descriptive statistics,correlation analysis and regression methods,and the various reasons for the different judgments in the practice are summarized,and the husband and wife loyalty agreement is presented confused in judicial practice.Finally,on the basis of textual data analysis,combined with China’s existing marriage legal system,from the perspective of effectiveness judgment rules,the application of the Article 46 of the Marriage Law,the certification standards,the conventions and the guiding cases,put forward countermeasures against different judgments in the current judicial practice.It is hoped that the theoretically relatively complete judicial application rules will be proposed,and it will provide a realistic and feasible reference for the improvement of judicial applicable rules involving cases of couple’s loyalty agreement.