Comparative Study Of Mainland And Hong Kong's Divorce System

Mainland and Hong Kong's divorce system have huge difference, for example:the divorce condition, the way and the legal consequences in the substantive law; judgement systems, the jurisdiction and the trying way in the procedural law. The entity system conflict may be soluted by the unification substantive law or conflict law. Two places don't form the consolidated divorce entity systems, but the divorce conflict law is consistent, namely make the court divorce law to solve entity dispute. The court procedural law are always followed the procedural problem in the private international law domain. The two place court carry on the respective procedure system in processing divorce suit.Mainland and Hong Kong regards inter-district civil relation as the international civil relation, also faces the substantive law and the procedural law's choice. Processing inter-district divorces, the substantive law and the procedural law are the court law in the two law territories. This causes many legal matters: one incident two sue, forum shopping, the difficulty to acknowledge and to carry out judgement. After Hong Kong returns,"one country two systems"is the basic state policies, but the divorce legal system's conflict has not been improved, the above legal matter still existes. As two place folk contact deepening, the questions must be soluted quickly. The paper analysis problems through 7parts.The introduction is about studies significance and the research technique. In recent years, the inter-district divorce grow very quickly, but the divorce's legislative lag and the related question's research was not very thorough. Stemming from the above consideration, the paper plans to analysis question with the empirical analysis research technique to point out the corresponding countermeasures.The second part is about Mainland and Hong Kong divorces entity system's comparison. This part has analyzed divorce entity system difference as well as the reason. The entity system difference mainly reflects in the below aspect: Mainland divorce condition compared with Hong Kong slightly obviously loose; Mainland permits the administrative permission divorce besides the lawsuit divorce way; Mainland's joint property system and Hong Kong's distinction property system; the husbands and wives had certain relation after stipulates in Hong Kong laws.The third part is about the divorces procedure system's comparison. This part is mainly about the lawsuit divorce procedure system's comparison. The part makes the detailed introduction from the jurisdiction system until the divorce judgement system. After the comparison, the following questions are found: divorce jurisdiction conflicts; trying way difference; Hong Kong adopt the compound decision and so on.The fourth part is the reason of the two place entity system difference .There are history, religion, politics, values and so on.The fifth part elaborated inter-district divorce issues, which appears in Mainland and Hong Kong. Through the related cases introductions, paper analysis the questions: the incident two sue, forum shopping; the difficulty to acknowledge and carry out the judgement; mainland's agreement divorce is difficult to be acknowledged by Hong Kong; Hong Kong's judicial separation is difficult to be acknowledged by Mainland and so on.The sixth part is about the solution. In view of the fact that the inter-district divorce question is causesed by law's difference and the Chinese inter-district law conflict characteristic, it may solve the above problem through three ways: the first way is unifies the divorce act. In this way, there are two kind of channels: one is to produce new divorce substantive law and the procedural law to replace two place present divorce system, eliminates two place divorce law conflict thoroughly; two, forms the inter-district divorce law to solve inter-district divorce specially, two place present divorce system are still suitable in the respective law territory. The unification legislation is the most ideal way, but it has the great difficulty to realize now, it is restrained by the constitution law and the fundamental law. The second way is the separate legislation way. In this way, two law territories can remedy and revision law to cause the divorce legal system to hasten,,the two places can make the special regulation to avoid conflict appears. Because this way is non-institutionalized, it is very difficult to have the good effect. The third way is reference to international law to resolve. There are many difficulties to implemented. The forth way is the judicial assistance way. Two place can form effective judicial assistance pattern and launch the omni-directional cooperation in the judicial domain. This way is able to make the inter-district legal matter elimination. The judicial assistance way had certain foundation at present, we should continue to deepen the domain in the future.The seventh part is the conclusion. Although this paper compares the two place divorce system, analysis difference's reason, points out the law question and gives the corresponding countermeasure. But it still had certain questions to be worth continuing to ponder.