Discussion The Divorce Standard About Our System Of Divorce

Divorce refers to the behavior of couples to remove the marital relationship in its legal and valid duration in accordance with the statutory conditions and procedures.China adopts “divorce by agreement at free will” and “divorce by litigation for loss of affection” as the two ways of divorce,and “insisting on divorce freedom,against hasty divorce” as the guiding ideology of divorce system.However,in practice,excessive freedom of divorce not only cause the increase of divorce rate year by year,but also cause a series of adverse impacts.How to truly “oppose hasty divorce on the premise of freedom”is a problem worth discussion and research.This paper starting from these points,based on the judicial practice,studies the deficiencies in system design and practical operation of the two divorce ways in China.At the same time,this paper also makes comparative analysis with the divorce systems of other countries(regions)and puts forward some feasible suggestions for improvement so as to make some contributions on this topic on the basis of predecessors' research results.The paper discusses the divorce standard of modern family law,analyses and sums up in three divorce standards,that is Fault?Purposism and No-fault.The paper then vertically illustrates the determination of modern divorce standard in China and conducts legal analysis and comes to the conclusion that in line with the trend of today's world of law,China currently adopts No-fault as the main divorce standard,together with Fault and Purposism.However,in practice it is not difficult to find that a lot of problems exist in the divorce standard of our country.For example,divorce by agreement is too easy to be resorted to as means for illegal interests,but divorce by litigation has such problems as too abstract,too great judge discretion,difficult for the plaintiff to proof,low ratio of first lawsuit judging divorce and so on.So in the future,legislation should consider the overall interests,to ensure divorce freedom and emphasize rational divorce system and practical operation.From the comparison and analysis of other countries(regions)I see that the divorce system in our country is lack of effective balance mechanism,so I suggest that we should make necessary amendment to current divorce standards and relevant systems in terms of adding divorce considering period and regulation to render imperfect registration invalid,replacing mutual affection alienation with marital relation breakdown,improving separation system,improve the mechanism of mediation and so on.