The Analysis Of The Negotiated Divorce System

The negotiated divorce is a kind of divorce system that the couple make a contract about the legal consequence of divorce, justified by the goverment department or the court. As a a useful and convenient method to remove the marriage relationship, this system is widely applied in the world. Different countries have different particular appliance and procedure system. The current law of our country give the two parties the freedom of divorce. It is a kind divorce system that both parties pass the signed divorce agreement to registration office, declaring that the fostering children and partition and debt are aready arranged, and to relieve from a marriage relationship. This divorced way adopted far and wide because it is swift and can protect the parties from let out their personal secrets effectively. But new problems have appeared in practice. As the growth of our country's economical condition, the divorce ratio began to grow, deceive divorce and the regretion of the divorce contract become to raise the attention of people. This text carries on the comparative study of foreign law, use the relative legal contact theory to analyzes the divorce system.This article is divided into four chapters as following:Chapter One gives an general introduction of the negotiated divorce. This chapter firstly presents the conception and type of the negotiated divorce, secondly analyzes the history related in Europe and China, making an conclusion that this kind of divorce can be acknowledged easily during the social revolution, finally introduces its function, pointing that the negotiated divorce is an advanced divorce, which can make people get out from the complicated procedure.Chapter Two mainly discusses the application of the negotiated divorce both in substantive and procedural matters, with the purpose of perfecting the system related in China. Above all, based on the introduction of the system related in other countries, we will find some limitations in their legislations. Our scholars argue that we should learn from them and limited the application of the negotiated divorce. While the author believes that we may make some changes in the system other than limitation. Next due to some defects in the procedure, we may consider the different steps when the couples get divorced and reform the divorcing procedure.Chapter Three, with the eye of relative conduct, analyzes the important part main conduct. In order to solve the practical problems about deceptive or conspired divorce, this article expounds the void or revocable conduct by defining the conception of property-segregated conduct.Chapter Four explains in detail the other part of the negotiated divorce accompanying conduct. In the first place, this chapter tells that the divorce procedure can be divided into two parts. In the second place, this chapter analyze the false divorce. In the third place, this chapter discusses the divorcing agreement issues in the general rules of civil law and contract law, pointing that it is the economic factors that can make the divorcing agreement void or revocable.