The Research Of China’s Divorce By Agreement System

Divorce freedom is the freedom of couple dissolution of marriage in accordance with the law, it is the constitutional right of citizens’ basic rights is a fundamental principle of the Marriage Law, reflecting the respect of the law of the marriage party autonomy. Agreed to a divorce system as an important part of the divorce system, is a legally married couple based on the accord, the dissolution of marriage negotiations to reach agreement, and children and property issues to deal with them properly, to the marriage registration office to be registered, thereby eliminating the couples marriage a legal system. Since the divorce by agreement the parties have previously agreed to the divorce agreement as the basis for the effect of divorce, they are able to fully protect the freedom of the parties to deal with the issue of divorce, the effective protection of the privacy of the parties, while at the same time to ensure that the parties consciously compliance agreement. As a simple, efficient and convenient way of divorce, the divorce agreement by legislation in many countries recognized. However, in our country, the freedom of the system requires more than inadequate limit, in practice, led to many problems, if the parties divorce in haste, neglect of the interests of the minor children, divorce by agreement evade the debt as well as false the divorce and deceptive divorce adverse social phenomena occur frequently. The emerging phenomenon, highlighting the flaws of the protocol divorce system in China, agreed to a divorce system for further discussion and to continuous improvement is imminent. Therefore, the future of my country agreed to a divorce legislation should consider the appropriate legal intervention and intervention, which aims to facilitate a cautious divorce mechanism, maintaining and restoring and protecting the interests of the relationship of the parties to provide the necessary legal guarantees.In this paper, a comparative study, dialectical method, based on legislative experience to learn from other countries and regions, combined with China’s national conditions, and to make recommendations on the Perfection of the divorce agreement.This paper is divided into four parts:The first part:Agreed to a divorce system overview. This section discusses the connotation and classification of the divorce agreement, agreed to a divorce and divorce proceedings, the superiority of the divorce agreement, pointed out that with the protection of the parties agreed to a divorce divorce freedoms, respect for the privacy of the parties, reflects the autonomy of private law the spirit and the law of the spirit of humane care, the rational allocation of judicial resources, promote social harmony and stability of great significance.The second part:Agreed to a divorce system of Comparative Law. The system of civil law and common law countries and China’s Hong Kong, Macao and Taiwan regions agreed to a divorce, the part of the study, pointed out the similarities and differences existing system content analysis and comparison of legislation, in order to improve our protocol divorce system reference.The third part:Status quo and problems of the divorce agreement system in China. This part introduces the system of divorce legislation in our country, points out the flaws of the system of divorce in China, and the divorce agreement system in China after the implementation of a series of social problems has made the further analysis.The fourth part:Improve the system of legislative proposals of the divorce agreement. The part of the legislative gaps and social reality, legislative suggestions for improvement, including:regulations married for a certain period before the application protocol divorce, provisions the appropriate divorce considerations of substantive examination of the right granted to the marriage registration office, not strengthen protection of the interests of the adult children, standardize the divorce agreement and the establishment of the notary system, the establishment of a divorce agreement invalid system, and the fault will be punished.