Research On The Divorce Standard

Standard is the repetitive use of uniformity regulation that can reach consensus. Divorce standard is a regional, national people living in a long-term process, in regard to the dissolution of the marriage, formed by common conditions recognized. One hand, it embodies the divorce phenomenon acceptability and recognition of the people's life of the region or the country; On the other hand, it embodies a regional or national marriage policy, the licensing system on the extent of divorce and the trend of the direction of marriage.The divorce standard has experienced a process from nonexistence to existence, from the prohibition of divorce to permit divorce and then to limit the divorce; As the divorce standard system formed to now, it has appeared the fault principle, the purpose principle purpose and the rupture principle of the evaluation model. These changes of divorce standard are restrained by the regional and national's economic condition; it has also been influenced by the region or the country's politics, culture, tradition. Change of divorce standard is also to some extent guide and change the regional or national's marriage concept and marriage trend.Marriage is the social form of integration of human form of gender, contained by the social system of that time. It is an entity of natural attribute and social attribute. Social attribute is essential. Law should require the divorce standards that on the one hand to meet the unfortunate people's(people who has the intention to divorce)need of the marriage in the society; On the other hand we have to consider the needs of the community, to put forward a scientific and correct point of marriage or divorce for people. As for this, the value orientation of the divorce standard should be: protecting the freedom of divorce, defending the stability of marriage, ensuring the benefits of the disadvantaged divorce people, and showing people's desire and pursuit to a happy marriage.The legal divorce standard is provided with function such as publicity, guideline; Relief; Maintenance or release of marital relations and affirming the identification relations. These functions and the divorce standard are of scientification and effectiveness which are constrained by the region and the country's political and economic condition. For our country, the divorce standard are all the more impacted and restricted by the traditional ethical concepts, legal traditions, and the judicial tradition. Therefore, our country's statutory divorce standard should be based on China's current conditions, reflecting clear, workable legal requirements of the characteristics. Clearly defined and empowered the freedom of divorce. Clearly defined the conditions that people can divorce and the cases of the prohibition of divorce. Establish the divorce standard not only based on our National Conditions but also accepted by the majority of the people. The divorce standard also can be properly implemented in practice, setting the guidance to the statutory standards of divorce of marriage and family relations in China. All of these will design the specific path and institutional framework for improving the divorce standard system.