Discussion The Divorce Standard About Our System Of Divorce

Our marriage law on divorce standard adopted a binary way，one is the"voluntary" standard protocol for divorce Divorce way，one is the husband and wife"emotionalbreakdown" divorce proceedings fordivorce standard way。 To"voluntarily" as a way of divorce divorce standard protocols，since the registrationauthority to review only whether the couple voluntarily，if both spouses voluntaryregistration of divorce is granted, no other restrictions。This way entirely by theparties to make their own decisions，this leads to some of the parties to the abuse ofthis right,some of the parties in order to obtain some benefit fake divorce.Therefore,to deal with this divorce standard analysis to identify defects and loopholes to makeup and perfect.For the "emotional breakdown" divorce proceedings for divorce standardway,as the "emotional breakdown" and spiritual areas, more abstract, difficult tograsp.Our take is objectivism legislative mode, the judge can not be based on thesubjective judgment to recognize the "emotional breakdown", and should makejudgments based on certain objective facts.Our marriage law only provides fivescenarios can be identified as emotional breakdown, which covers five kinds ofsituations is far from the case in real life couples emotional breakdown, whichresulted in many cases, the judge can not make accurate judgments.Therefore, thispaper studies "emotional breakdown" in theory, learn from foreign experience indivorce legislation and legislative standard mode, analysis of the current "emotionalbreakdown" divorce standard problems and deficiencies, proposed to improve ourstandard four-point proposal to divorce.This article is divided into four chapters:The first chapter discusses the theoretical basis of the divorce judgment criteriaand basis for, what is divorced from start to analyze the principles to improve our standards must adhere to divorce divorce freedom and oppose hasty divorce,mustadhere to the no-fault divorce under the framework of the standard, no-fault divorcecan not abandon the standard back-fault divorce standards, and discusses theinevitable result of the no-fault divorce standard to replace the standard fault divorcehistory.The second chapter analyzes the Germany, France, UK, USA and divorcelegislation divorce standard mode,summed Germany, France, Britain, the UnitedStates is a "breakdown of the marriage" as a divorce standards,"breakdown of themarriage" divorce standard is the standard no-fault divorce.Four countries aredeveloping standards by fault divorce to no-fault divorce standard.Legislation ondivorce standard mode, Germany, France, the United Kingdom take objectivismdivorce legislative model, while the United States to take legislative modelsubjectivist divorce.France and Britain also provides for "hardship clause"prohibiting divorce case.Our take objectivism legislative model, so some goodlegislative model and legislative experience of foreign countries is worth our time toimprove divorce standard reference.The third chapter is the standard for divorce three after the founding of theMarriage Law of the construction situation analysis to identify our current standardsand legislative mode divorce problems so as to provide a realistic basis for therecommendations of Chapter IV.The fourth chapter is based on the previous three chapters presented Perfectingdivorce standard four-point proposal:the first is to increase restrictions on the"voluntary" standard protocol divorce divorce way;the second is the establishment ofthe marriage registration office of convergence mechanisms and courts;third, expandthe list,"the couple emotional breakdown" of the specific circumstances, to makeabstract "emotional breakdown" is more specific, easy to operate.