The Research On Legal Questions Of Registration Divorce

The Amendment Bill of the Marriage Law of the People's Republic of China enacted in2001 and the amendment bill of Regulation on Marriage Registration enacted in 2003 have madea series of reforms in registration divorce system. The Amendment Bill of Regulation onMarriage Registration simplifies the registration procedures of divorce, representing its characteristicsof serving people and freedom and equality in marriage. At the same time,however, the bill results in conflicts between some people and the Marriage Law as itemphasizes freedom of divorce a little more, but neglects the guiding ideology which the divorcesystem sticks to—opposing reckless divorce. The facilitation of the marriage registrationprocedures also leads to negative influences on society and set forth stricter requirements on thenormalization of procedures. Based on the problems, the paper aims at bringing forth a series ofcountermeasures to perfect the registration divorce system in China.Based on the results of previous studies, this paper starts with an overview of the system,introducing the conditions, procedures, legal effect and the basis for the existence of theregistration divorce system. Then it reviews the historical development of registration divorceand makes a comparison with the registration divorce system of Hong Kong, Macao, Taiwan,and some major foreign countries, at last, this paper explores the current situation of theregistration divorce system.The last chapter will give of a series of recommendations to the current deficiencies in theregistration divorce system, including to set a appropriate time to think of divorce; improveadministrative review procedures for divorce system; define the authority of dealing with thephenomenon of fake divorce; establish the marital separation system; improve a system to dealwith invalid registration of divorce; improve the measures to deal with minor children's interests.