Research On The Legal Divorce Standard Of China

Divorce system is an important part of the institution of marriage, as guidelines to adjust people’s divorce behavior, legal divorce standards is the most important in the divorce system. China’s legal divorce Standard grows out of nothing,from authoritarian to freedom, and later developed to limited divorce. The evaluation model of divorce standards has experienced fault doctrine, purpose doctrine and rupture doctrine. From the view of the historical evolution of legal divorce standards, the change in the standard of legal divorce is affected by a country’s political, economic, cultural, ethical, and many other factors, and also reflects the development of the concept of marriage of the whole society from a certain extent. China should develop one divorce system, based on China’s national conditions, that can be accepted by the masses, and implemented effectively in judicial practice, to further improve our divorce system.Through the discussion of the legal divorce standard for the divorce system in china, the paper tries to figure out the concept, the historical evolution of the legal divorce standard in China, analyze the defects and deficiencies of the legal standard for divorce, and try to make some perfect legislative proposals, combining with judicial practices in china.The paper consists of five parts.The first part is the introduction, analyzing the purpose and significance of the paper, reviewing and summarizing the current research, and introducing research methods to complete this paper by the author.The second part is about the legal divorce standard, mainly including the concept, development and legislation of the legal divorce standards. This part indicates the progress of society that attaches importance to human nature, by analyzing the development and the change in the form of legislation of the legal divorce standards in different periods and different countries.It is of important significance to the formulation of the standards of Chinese legal divorce.The third part expounds and reviews mainly on the legislative history of the statutory divorce standard. It narrates the historical evolution of standard for legal divorce briefly, divides it into four stages, and analyzes the characteristics of each stage and the evolution cause. The part proves that the divorce legislation of China has followed the general law of divorce legislation worldwide since the founding of the PRC, establishing the rupture and freedom principles of divorce legislation.The fourth part mainly elaborates the content and value of our legal divorce standard, and analyzes the shortcomings of the application of the standard in the judicial practice, where The judges are difficult to measure the feelings of the couple objectively, and no way to apply the law, where the conciliation proceeding is a mere formality.The fifth part mainly puts forward suggestions on how to improve statutory conditions of our divorce system, that is to perfect the legislative model, establish the general divorce standard "the marriage relationship has broken really", and illustrate the case criteria applied to establish the separation system, improve the mediation system in line with China’s national conditions.