A Study On The Balance Of Interests Of Divorce Freedom Restriction

The freedom of divorce is the inevitable result of social development,and it also shows that only in the era of economic and social progress can the freedom of divorce be truly realized.Our laws clearly stipulate that citizens’ right to freedom of marriage shall be treated equally,justly and reasonably.The freedom of divorce is equally protected by the law,and the nature of the right is one of the basic rights of all citizens,and after the end of the marriage relationship,both parties can freely discuss and peacefully resolve issues concerning who will support the children,the division of family property,and subsequent related matters.matter.With the deepening of the concept of freedom of divorce,some social phenomena have gradually emerged,which has had an impact on the social atmosphere.Especially since the beginning of the 21 st century,the divorce rate in my country has remained high.In recent years,false divorce information in news reports has emerged in an endless stream.Lawbreakers use false divorces to avoid debts,divide property,and evade the obligation to raise the elderly and children.This kind of illegal behavior has caused serious damage to social fairness and justice.In the dilemma of choosing to maintain social stability or family freedom,the contradiction and conflict between freedom of divorce and social order arise.The high divorce rate in contemporary times has had many adverse effects: the divorce of parents will have a big impact on the children’s psychological status,behavior and even future interpersonal relationships;One side is more likely to fall into economic hardship,deteriorating mental health,and even impoverishment.Therefore,combined with the legislation and practice of marriage and family in our country,in order to achieve social justice,on the premise of guaranteeing the freedom of divorce,it is expected to achieve the purpose of balancing the interests of all parties.Balance the interests of the state（society）,parents,children（especially minor children）and other parties,and appropriately restrict the freedom of divorce to better achieve fairness and justice.The point of view of establishing an equitable mechanism for restricting the freedom of divorce is put forward: discussing the balance between freedom of divorce and social order respectively,starting from the consideration of the interests of social order,evaluating and improving the current legal system in our country,one of the procedures for the cooling-off period of divorce,and equitable The second is to improve the existing physical system of military marriage protection,relax the legal system for special protection of military marriage and improve the legal system for non-special protection of military marriage.The balance between the restriction of freedom of divorce and the rights and interests of children,because children are in an objectively disadvantaged position,and children’s rights are affected by the divorce of their parents,it is necessary to fully protect the interests of children,improve the child support system,and add“representatives” for minor children in divorce proceedings."system.The balance between freedom of divorce and the rights and interests of disadvantaged parties.In divorce cases,it is more difficult for women to re-employ,and it is difficult to support the evaluation of human capital and their expected benefits.Therefore,it is necessary to divide the divorce property twice to give full play to the economic assistance system of divorce.At the same time,it is stipulated that men shall not sue for divorce during special periods.