The Divorce Registration System In China

Based on the marriage registration institution confirms the divorce agreement,divorce registration is a kind of divorce to lift the relationship of marriage,which couples reach an agreement on the divorce matter.It has lived since the registration divorce system was confirmed by the Marriage Law of 1950.So,there are two types of divorce in our country,registration divorce and litigation divorce.Because the new Marriage Registration Statute of 2003 has further simplified the registration divorce proceedings,it has becomed the first divorce mode for parties to release dead marriage relationship for the simple procedure and low cost.However,the divorce registration lays excessive emphasis on the freedom of divorce and the simple procedure,which has caused a lot of actual problems such as reckless divorce,falsely divorce and pseudonymous divorce.Besides,the interests of minor children is neglected and illegal divorce can not be regulated.In order to properly regulate the registration divorce and solve practical problems,it is necessary for us to reflect the inadequacies of the design of system and set a more rigorous and scientific divorce system.Specifically,it can be perfect from the following four aspects.First,we should perfect the legislative principles of registration divorce.Under the premise of freedom of divorce,balance the relationship between freedom and necessary limitation,set maximization principle of juvenile's interest,ensure the interests of minor children.Second,amplify the substantive conditions in registration divorce and limit the right for partial subject to apply for divorce registration.It can be defied that the spouse with minor children under 8 years and the duration of Marriage under one year can not apply for registration divorce,in order to protect the interests of disadvantaged groups and prevent "flash marriage flash away" phenomenon.Third,increase appropriate procedural restrictions.Setting a calm period to make the spouses consider the divorce calmly.And it's good for the parties to deal with divorce properly that the mediation procedures can be stetted.It also need to increase the certificate procedures of adult families to reduce the occurrence of malicious divorce.Fourth,establish the supervising and reliving system of administration of divorce registration to sanctions against divorce and protect the interests of good faith parties.