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Resignation Divorce System Research

Author: ZhaoYan
Tutor: ChenWei
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Registration divorce Divorce agreement The interests of children. Couples interests Legislative proposals
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 193
Quote: 0
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Abstract


Divorce the principle of freedom is the basic principle set in the Marriage Law. Given to the parties to the marriage divorce freedom is the inevitable requirement of respect for the parties' modern divorce law. Respect for the freedom of marriage of the parties a divorce, so difficult to maintain the marriage relationship to be lifted in a timely manner, not only conducive to safeguarding the legitimate rights and interests of the parties, but also conducive to social stability and harmony. China's divorce system divorce-track system to take divorce proceedings and registration. Registration divorce system as an important part of our divorce system, compared to the divorce proceedings, the registration of divorce system gives the parties more freedom mean, and the program easier, most divorced couples choose to terminate the marriage relationship. However, due to the current registration divorce system respect the parties mean more than freedom, restrictions are inadequate, makes surviving limitations of the system role play, for example, could easily lead to both husband and wife hasty divorce, ignoring the protection of the interests of the minor children, fake divorce, cheat divorce phenomena like the increase. These issues are not only related to the interests of both the husband and wife, and the protection of minor children, also related to the stability of the family, social harmony, should be enough to arouse our attention. By our different jurisdictions, as well as other countries in the divorce system carried out a comparative study, the experience of other countries and regions of literature research method, the legal value of the theory of the research methods, the combination of theory and practice, as well as comparative research methods in this article, analysis of the deficiencies of the current registration divorce system, to put forward a sound registration Legislative Proposition divorce. The this article thirty-one thousand words, three major points Introduction, body and conclusion, which the body contains the contents are as follows: The first part is a system of registration of divorce Summary. This section to clarify that the registration connotations of divorce, the nature and legal basis, to explore about the registration of the divorce system theory. Also includes the introduction of the historical evolution of the registration system of divorce analytic depth, so that the system of registration of divorce. The second part of the status quo of the visits of the registration system of divorce in China. This section first describes the provisions of the current Law on Registration of divorce system, including the conditions and procedures for the registration of divorce, in order to analyze the legislative status quo of China on the registration of divorce. Second is the characteristics and the status of implementation of our current registration system of divorce the summarized highlights the problem of the current registration divorce system, through the analysis of the problem, including the provisions of the registration of the divorce system is too general and too much respect for the autonomy of the parties, easily lead to hasty divorce, and ignore the protection of minor children, the interests of the registration of divorce only form of review brought fake divorce, cheat divorce phenomenon increasingly prominent. The third part is a registered divorce system of Comparative Law. The first part of the Macao and Taiwan of China introduced the system of registration divorce, and other representative national legislation introduced next, final divorce system of China, Macau, Taiwan and other countries registered Comparative Analysis summarize our registration system of divorce legislation revelation. The fourth part is the approach to select perfect our registration system of divorce. The main part is to put forward legislative proposals to improve the registration system of divorce in China. Including supplementary statutory conditions for registration of divorce, One additional divorce considered period, the distinction couples with minor children, divorce agreement necessary specifications; the relief right set registration divorce system divorce Approach contains divorce The right to claim damages, divorce economic help request the right to divorce economic compensation claims realization; clear review of the privileges and responsibilities of the registration authority, given the part of the right to substantive examination of the registration authority, improve the quality of the registration authority staff, introduced in the registration of divorce mediation the inspectorate system; divorce of defective registration regulation, the difference between the treatment and the different reasons for the formation of defects divorce registration, relief intention untrue party.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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