| Divorce system as an important part of the human institution of marriage, in respect for the sanctity of marriage, and also to protect the freedom of divorce, so as to better protect the marriage stability, better security institution of marriage. The marriage system of our country with the development of society and continue to move forward, in our country from planned economy to market economy and changes in the critical period, marriage also faces new challenges, in the no fault divorce doctrine and the impact of the development, the divorce rate is high, seriously affect the marriage stability and people to the marriage of credibility. With the development of social economy, the divorce rate in China has continued to rise. The increase in divorce cases has led to a series of social problems. This problem in addition to improve the people’s material life, marriage concept occurrence reasons of these parties itself changes, the limitation and free surplus of divorce system, also played a role in adding fuel to the flames, ancient China is "Limited surplus and free". Despite the social changes, but the traditional divorce system to play a reasonable role in the family, in order to maintain the stability of marriage, family and even society, the construction of a certain reference value. Qing Dynasty in the Chinese feudal society, as the last Dynasty inherited the traditional marriage system is complete, the comparison in the Qing Dynasty and modern divorce system can clearly reflect the changes caused by institutional change to people’s lives, also can be more clear understanding to the modern divorce system existing problems, and provide ideas for solving these problems. This paper is divided into the following four parts:Part I:Summary of the divorce system in the Qing dynasty. On the basis of the theory of the Tang Dynasty in order to reduce China’s traditional divorce system, based on the theory of archival materials, the paper analyzes in detail the inheritance and development of the divorce system in the Qing Dynasty. As objectively as possible reduction of divorce system in the Qing Dynasty the enlightenment.Part II:The divorce system in the Qing Dynasty, which is limited by the restriction of the surplus and freedom. The divorce system in the Qing Dynasty in the divorce proceedings, divorce effect analysis; summarizes the principles and characteristics of the divorce system in Qing Dynasty shows, as objectively as possible to restore the Qing Dynasty divorce system limit the divorce face despise, pave the way for the further study of the pros and cons of China’s divorce system evolution.Part III:Modern divorce system of "limited and free". This paper briefly introduces the present divorce system in China, and shows that the restrictions of the divorce system in our country are mainly aimed at the special groups and the situation.Part IV:A comparative analysis on the principle of "restriction, freedom and freedom" and "limited and free" divorce. Based on the comparative analysis between Qing Dynasty and modern divorce system, causes the evolution of refining our modern system of divorce, our current divorce system achievements and reflection of China’s current system of divorce divorce defects free.Part V:The reference of the divorce system in the Qing dynasty. After the analysis of the previous paper, it is concluded that the divorce system in the Qing Dynasty can be used for reference and draw the conclusion that the divorce freedom in our country should be properly restricted. And then put forward and detailed exposition should be from the provisions of the duration of the relationship between husband and wife, the substantive examination of the agreement to divorce, as well as to reduce the no fault party to prove liability requirements to improve the divorce system in our country. In addition, it will be from the remodeling "home" and "family" concept can not be explained in terms of the pursuit of personal freedom to avoid the burden of responsibility and obligations.Hope that through the analysis of this paper, the right to deal with the relationship between personal freedom and social responsibility, improve the marriage legislation in our country, to provide some thinking. |
