| Freedom and restriction are two aspects of the jurisprudence of the more importantquestion, freedom is the highest ideals of our goals, but freedom is always relative, alwaysand restrictions linked. In the realm of marriage, people are more concerned about thefreedom to marry, paid little attention to the freedom of divorce. Marriage is the foundation ofthe family, the family’s stability and harmony in relation to social stability and harmony, sothe law should be legally effective protection of marriage, divorce, marriage is the institutionof marriage in two very important components of the law should fully protect the legitimateinterests of the parties, but freedom also has a certain limit, beyond a certain limit would besubject to certain restrictions, especially in divorce. With the development of our society, theinstitution of marriage and continue to move forward, China is still in the primary stage ofsocialist development, the critical period from planned economy to market economytransition, the field of marriage is also facing new challenges in the no-fault under theinfluence of Marxism and development divorce, the divorce rate remains high, seriouslyaffecting people’s marital stability and credibility of marriage. It is now the pursuit ofequality, freedom, justice, shouting personal interests above everything else, the law can notinterfere in their private affairs, divorce, abuse of the freedom of making the transition nowfacing unprecedented impact of marriage. To this end, we need to make the appropriate limitfreedom of divorce, it is subject to certain penalties, to prevent some people borrow shirktheir divorce should take personal responsibility and family responsibilities, thereby affectingthe stability and social peace of the family, so that in divorce is necessary to safeguardindividual rights and freedoms, while not necessarily be against the interests of others cause,in order to better protect the legitimate rights and interests of others, to achieve social equityand justice.With the liberalization of divorce, social development and continuous struggle toproduce, not innate. With its historical development and social progress and people’sconstant struggle gone through different stages and produce, in different historical periodshave different manifestations. In the free-divorce stage, human liberation, people’s desire for freedom, so that freedom of divorce also been put on the stage of history, the institution ofmarriage gradually become an indispensable aspect of divorce. At different times, theinstitution of marriage and divorce is always prevailing economic, political and cultural ideasto adapt to the society, the existence of a certain degree of rationality. In addition to beingbound by the time the divorce social system is more moral constraints in traditional marriage,especially marriage ethics, marriage to fulfill its obligation to have an important oversight rolein the social comparison despite disregard for personal feelings even ignoring the importanceof individual freedom, but it is undeniable that its stability and social stability of marriageand the family has a positive effect. And in an era of equality and freedom now, peoplehigher requirements for marriage, pay more attention to personal feelings, personal interestsare the greatest liberalization and meet, to varying degrees, but it was trampling on thesanctity of marriage, which the current law does not its bad behavior to certain restrictions,marriage moral turpitude, so to maximize free to divorce, thus contrary to the originalintention of the divorce system, divorce is not impossible, divorce is unfortunate marriage agood way to save, but it often becomes easy to become an excuse to avoid responsibility, bydivorce to his wife, their children, parents are not responsible, the impact of publicconfidence in the marriage. In this paper, a method of historical analysis, comparativeanalysis, lists and other methods of historical evolution and the problems of freedom ofdivorce analysis, and draw on the useful experience of foreign countries, for now appropriateto limit the freedom of divorce, to make it more better protect the institution of marriage, tobetter promote social progress.This article is mainly composed of four parts. Starting from the beginning of the articleIntroduction The main purpose of the study and the significance of this, current researchsystem analysis and elaboration. The first part of the restrictions on freedom of divorce andpreliminary theoretical origins Analysis. The second part of the evolution of the institution ofmarriage and divorce history evolution simple analysis, analyzed the divorce freedom fromautocratic regime showings intended to divorce ban divorce medieval Europe to the modernevolution of the free divorce process, thus provide an important reference for the legitimacyof freedom of divorce, by analyzing the history of the development and evolution of freedomof divorce can learn from a certain theoretical basis for divorce restrictions. The third part of the problem caused by the liberalization of divorce now, from both positive and negativeaspects of the analysis, including the marriage of moral corruption, weak family values,making it have some impact on the current family structure, physical and mental health oftheir children have some the impact on parents’ pension and other issues in-depth analysis.Finally, the proliferation of divorce liberalization makes it necessary to be applicable tocertain restrictions, be certain restrictions in the legislation, to start remodeling family values, strengthen moral education and constraints of marriage and other aspects of traditionalculture from China to be limiting. |
