Comparison Of Divorce Systems Across The Taiwan Strait

The divorce system mainly includes two ways: one is to divorce by mutual agreement,and the other is to apply to the court for divorce.Divorce by agreement is voluntary,but it must meet relevant legal requirements,such as the registration system.The comparison litigation divorce system and judicial practice between Taiwan and the mainland mainly lies in that Taiwan adopts the principle of "compromise flaw doctrine",while the mainland adopts the principle of "conditional flaw doctrine".A total of 60 divorce cases were randomly selected for comparative analysis.The results show that the proportion of rejecting divorce requests with the appropriate law of "the possibility of reconciliation" in China is 80%,the proportion of allowing divorce according to the "compromise flaw doctrine" in Taiwan is 65%,and the mainland is more difficult to judge divorce than Taiwan,which is the result of the appropriate law of the principle of "conditional flaw doctrine" in the mainland.Family is an important and inseparable part of national ethics,so family fragmentation is related to the stability of the country,which proves the deficiency of folk guardianship.The state has reason to establish a national guardianship system.In addition to the guardianship system,the divorce property division system is particularly important for both husband and wife.According to the provisions of the two sides of the Strait,the scope of post marital property stipulated in the civil code of the mainland China is greater than that in Taiwan,which is twice that in Taiwan under the same conditions.Taiwan’s legal property system is a design of capitalist legal power,which is extremely unfavorable to the vulnerable husband or wife.Assuming that the pre-marital property is equal to the post-marital property,the part of the remaining joint property after marriage that can be divided by divorce in Taiwan is less than 1 / 8 of the total marital property.The couple’s determination to fight for each other’s happiness and the common property system is obviously conducive to a firm commitment to each other’s happiness.