China's Marriage Law "separation System In The Legislative Building,

At present our country in the marriage law not to lives apart the system to make provision, are merely "divorce" chapter regulations "separation is husband and wife both parties litigation divorce one legal reasons. Scholars in our country is necessary to set up a system live apart has been controversial. The author believes that modern lives apart the system can not only reflect the marriage law of the principle of free, and marriage would be more effective to protect the lawful rights and interests of the parties to husband and wife, and at the same time also can ensure family harmony and social stability. But China's current "marriage law" and not to lives apart the system to legislation, not only to the judicial practice viability, and objectively led to social phenomenon of don't appear on the legal basis in lack. Therefore, in our country "marriage law" added feasible lives apart the system to our country legal system is very positive.This paper will be divided into preface, text and conclusion three parts. Text can be divided into five chapters.The first chapter from three aspects to lives apart the system to make overview. This chapter introduces the meaning of lives apart the system, brief analysis of the elements and don't have any and divorce lives apart the similarities and differences in how to distinguish between the two concepts; Then comparative analysis lives apart the system and separation system; Finally by introducing lives apart the system to historical developmental process, and examine the lives apart the system history, the purpose is excavated lives apart the system to the legislative intent and clear his development grain.The second chapter basically is to introduce lives apart the system to constituents. Because the current academic circles for lives apart the system, there are four elements and the five elements, so author will hope said through the chapter introduces the reader to the various theories and the connection between the differences, and theories put forward bases.The third chapter discusses the analysis of foreignfiction lives apart the system to the legislation of our country and enlightenment. This chapter introduces to outside the provisions of lives apart the system, introduces the continental law system country, countries of Anglo-American law system in Hong Kong, Macao and Taiwan regions and the provisions of the relevant lives apart the system, and summarizes different countries and regions, the purpose is the characteristics of legislation for our future lives apart the system to provide theoretical basis for the legislation. The fourth chapter presents transplant lives apart the system in the possibility and necessity. Through the analysis of this chapter in society at present the existence of a large number of lives apart the phenomenon, and thus causing all kinds of social problems, and puts forward the marriage law should be set up in the necessity of lives apart the system.The fifth chapter on our establishment lives apart the system to proposed some Suggestions. This chapter from the definition, don't live apart in the reason, don't the way the deadline, don't, don't the effectiveness and don't terminate the several aspects of the habitat opinions, expected to be able to set up for our country in the legislation with Chinese characteristics lives apart the system to provide some theoretical reference.