Research On China's Registration Of Divorce Legislation

Registration divorce refers to the legal procedures for the parties to the voluntary divorce to terminate the marriage through the marriage registration authority.The registration of the divorce in China has been confirmed by the Marriage Regulations of the Chinese Soviet Republic in 1931,and continues to be in the same way as the divorce of the lawsuit.Form the divorce procedure in our country.China's 2003 Marriage Registration Regulations adopted a divorce method of registration,which makes divorce more simple and convenient,and can quickly and efficiently dissolve the marriage relationship.Registering a divorce has become the primary choice for people to dissolve their marriage.By summarizing the Marriage Law of the Liberated Areas,the two marriage laws after the founding of the People's Republic of China,and an administrative law that regulates the registration of five marriages,it analyzes the changes and value orientation of the registration divorce legislation.Although the purpose of this method is to pursue freedom of meaning and simple procedures,there are many shortcomings in China's current divorce registration legislation.For example,the restrictive conditions on the essential elements are not strict,the duties of the marriage registration authority are not perfect,and the specific content of the divorce agreement is lacking.There are disputes about the conditions,the validity of the dispute,and the lack of legal regulation on the phenomenon of false divorce;the registration of divorce does not establish a mediation procedure on the requirements,,the registration divorce procedure,and the lack of contact with household registration information.This paper analyzes the defects in the design of the divorce procedure in the current legislation,and combines the problems in the operation of the registration divorce procedure in practice.It believes that the divorce registration procedure in China should be re-planned,and the registration divorce legislation is mainly improved from the following aspects: First,the application is added.Registration restrictions on divorce.Second,clarify the job responsibilities and rights of the marriage registration authority.Third,clarify the content and effectiveness of the divorce agreement.Fourth,appropriate increase of procedural restrictions should be limited,increase the one-month divorce cooling-off period,increase the mediation pre-procedure,and make the registration procedure.In view of the real divorce,such asfalse divorce,impersonation and divorce,this paper analyzes the different types of “fake divorce” and the results of the referee practice,and proposes legal regulation.