Construction Of The Separation System In China

Separation, as a complimentary measure to the indivertible case, originatedfrom the rule of fane. After hundreds of years, it adapted to the new trends ofmarriage legislation. Great changes took place in the evolution of this rule about itsmeanings, form, legal validity and functions. In modern society, separation hadbeen maintained or established by lots of countries and areas in the legislation ofmarriage. Coexisting with the divorce system, the separation system became oneof the independent parts in the legal institution of marriage. Though the currentmarriage law in China regards separation as one of the legal reasons in thejudgment of divorce, there are no related regulations about the separation system.The relevant rules on separation haven't been clarified by the marriage legislationin Mainland China. As a consequence of this, not only actions of litigantsconcerned will not be restrained, but also the operation of laws loses its plausibility.Moreover, the benefits of the weak party in the family might be harmed. It came into being one ofthe serious practical problems in our society.Therefore, by reasons of the deficiency of the present law on marriage andmeeting the needs of social, the rules of separation in China should be graduallyperfected. It is of not only important theoretical value, but also crucial practicalsignificance. Systematically summarizing predecessors' experiences, the writer ofthis paper attempts to probe into the contents concerning separation system deeplyand briefly. On the basis of an overview of character and lessons of separationlegislation in some countries and areas, and combined with the practical situationof China, this paper analyzes the meaning and merit for introducing this institutionin our marriage legislation, hoping to exert small strength to perfect our marriageinstitution. In this paper, there are three parts, consisted of more than fifty words.The section one, The basic theories of separation. Above all the historicalorigin of separation is introduced in this part. And then this section expounds thefeatures of separation, such as its meaning its character, its variety and itsconstitutive requirements. The relationship of cohabitation system and separationsystem is elaborated on the basis of comparison and synthesis The section two, The introduction and analysis of present situation ofseparation system in modern society. After introducing the general situation andthe instance of separation, system in the marriage legislation of different countriesand areas, such as France, German, Switzerland, Australia, Canada, and HongKong, Macao and Taiwan of China, the writer inquired into the comparativeinstitutional analysis of the civil-law system and common-law system. Then therelation of separation system and divorce system is discussed briefly in detail. Atlast, it is generalized that the foundation and function of separation system inmodern society is of significance.The section three, The legislative conception to establish separation system inChina. With legislation experience of foreign countries, Hong Kong, Macao andTaiwan being deliberated, and based on the actual state of China, the legislativeconception to establish system of separation in marriage legislation of China willbe in the following aspects: legislation style and the legislative tenet of separation,how to define the separations' definition, which form and procedure should beexercised by couples to live apart, the constitutive requirements the time limit andterminative cases of separation. In conclusion, separation system should beregulate in the marriage legislation in the Mainland of China. This paper iscompleted in the hope for give small devotion to the development and perfectionof the legal system of marriage in our country...