Research On The Defects And Perfection Of The Divorce Registration System In China

The family is the cell of society and the marriage is the foundation of a family, thestability of social order is based on the harmony of the marriage and family. But in life,divorce is an inevitable social phenomenon. Divorce registration system is an importantsystem of cancel the marriage relationship. Because of divorce registration procedure issimple, low cost, can effectively protect the privacy of the parties, it is widely used in thefield of divorce. The divorce registration system ’s design in our country pay more attentionto the humanistic care, fully respect the autonomy of both sides of husband and wife, hasbeen widely praised. However, with the rapid development of economy in our country,nationality concept changing, gradually exposed the shortcomings in the design on thissystem. Along with the rising divorce rate, jeopardizing the interests of minor children,false divorce phenomenon frequently, more and more scholars pay attention to this system.A foothold and starting point in this paper, for instance, through the in-depth analysis of thecase, discuss marriage registration of the defects in the system of divorce in China, putforward the improvement of the corresponding countermeasures, in order to puts forwardsome suggestions to perfect the legislation.This article takes the registration system of divorce as research object and adopts theempirical analysis, comparative research and historical analysis methods to demonstrate.There are about19000words in the full text. Besides preface and conclusion, this article isdivided into four parts.The first part: the problem is put forward. First of all, through the typical cases and thefocus of dispute leads that the shortcomings of divorce registration system in our country.The second part: the overview of divorce registration system. Firstly, expounds theconcept of divorce registration system, and analysis on the legal value, indicate that registerdivorce freedom is limited; Then introduce legislation evolution of divorce registrationsystem in our country, in consideration of legislation, clarify the divorce registrationlegislation should base on practice, advancing with The Times.The third part: specific analysis of the defects in the divorce registration system in China. Firstly, the substantial requirements of divorce registration system in China is notcomplete, lack of restrictive conditions; Secondly, the review process of divorceregistration system in China is relatively empty, assisted by the lack of correspondingsupporting, makes the examination work become a mere formality, the marriageregistration authority also once many times by the dock; Thirdly, on the effectiveness of the"malicious registration divorce" made no provision, which makes the continuously in thepractice of dispute, both marriage may jeopardize the interests of the parties may endangernational interests, social interests and the benefit of the third person involved; Fourthly, thelack of minor children benefit protection. Divorce registration legislation as the principalpart of rights are not children make when the divorce of husband and wife often ignore thechildren’s opinion, harmful to the healthy growth of children.The forth part: put forward to perfect our registration system of divorce legislationidea. First of all introduced to perfect our divorce registration system should adhere of thebasic principles, we should preserve the stability of marriage and family, notice to protectthe weak and stakeholders, establish a mechanism to equity. Then put forward the concretesuggestions of perfecting our country’s registration system of divorce: firstly, from thenecessity and restrictive conditions to perfect our divorce registration of substantialrequirements; Secondly, Establish registration divorce mediation procedures, make thedivorce registration review play a better role; Thirdly, build a system of divorce registrationis invalid; Fourthly, make special provisions to register divorcees who have minor children,the marriage registration staff to have high duty of care for children’s interests, Prohibitedwho have under the age of ten minor children to register the divorce procedures.