On The Limitation Of Registration Divorce

Divorce registration system, which is stipulated by Chinese Marriage Law, is a crucial approach to dissolving marriage. According to the law, after properly addressing issues like the division of property, the responsibility of debts and child custody, two parties of the marriage will be able to reach an agreement of divorce out of free will. The legislative spirits of safeguarding citizen’s marriage freedom and respecting two parties’ autonomy of will are thoroughly reflected through the legal design.The system is widely adopted by most of countries and regions across the world on account of its easy process, high efficiency and low cost.In order to thoroughly embody the law spirit of freedom and democracy in civil law, Chinese divorce registration system has been revised for many times. The new Regulation on Marriage Registration has canceled many essential and process conditions, which leads to redundancy in protecting divorce and insufficiency in limitation.The problems of surging divorce number, neglecting minor children’s rights, escaping debts or pursuing some benefits through fake and conspiracy divorce have emerged as the society progressed, people’s mind opened and divorce registration system implemented. The stability of society has been undermined by the dangerous factors that are brought by the universally existed problems.The article reveals the deficiencies in current Chinese Regulation on Marriage Registration by researching relevant statistics of the law implementation of status quo, and it also raises the idea of perfecting the regulation by conducting comparative researches on divorce systems in different countries and regions, as well as by referring to their concerned experience. The article contains four parts:The first chapter is mainly about the in-depth analysis of Chinese Regulation on Marriage Registration, and clarifies the meaning of divorce registration, meanwhile analyzes the relations, similarities and differences between divorce by registration, by agreement and by lawsuit. The chapter also properly arranges the historical changes of the regulation, and analyzes divorce’s features as well as the cause of the problem.The second chapter contains the writer’s opinion of appropriately limiting the regulation on account of the excess of free divorces and problems brought by. The chapter aims at expounding and demonstrating the legitimacy of properly limiting the free divorce in three aspects:to provide the claim with basis from theoretical level and practical significance; to research on the choice of legal value conflicts; to research on the traditional moral limitation and legitimacy of public intervention.The third chapter mainly conducts comparative researches through analyzing the regulations from representative countries（regions） in continental law system and Anglo-American law system, further commenting on the relevant clauses of divorce by agreement or by mutual consent. The article also expounds on the divorce system in Hong Kong of China, Macao of China and Taiwan of China, looking for experience of limiting divorce registration freedom.The last chapter combines national conditions with advanced legislative experience of other countries（regions）, and offers specific proposal of Chinese Regulation on Marriage Registration. The proposal aims at three different aspects:first, to enhance the difficulties of divorce registration; second, to offer more protective measures to minor children’s rights; third, to boost the social mediating effect of divorce. The article hopes that the loopholes in law could be patched through the proposal; meanwhile the social function of Regulation on Marriage Registration could be conducted better.