On The Limitation Of Registration Of Divorce Freedom In China

The divorce registration system refers to a divorce system in which the parties voluntarily dissolve their marriage relationship through the marriage registration authority.It has the characteristics of respecting the party's autonomy of will,loose condition and simple procedure,endowing the party with sufficient freedom of divorce,reducing the party's lawsuit,reducing the cost of divorce,and helping to resolve the party's contradiction.However,guarantee of freedom of divorce is not intended to allow the parties to a divorce,divorce freedom and other free,need to the restraint of social norms,divorce registration in China free enough,lack reasonable limits,in the process of implementing many bad social phenomena,such as China's divorce and remarriage rates continue to rise,hasty divorce of husband and wife,with "false divorce" way benefit,ignore the minor children and vulnerable side legitimate rights and interests.These universal problems lay down unstable factors for a harmonious society.Therefore,on the premise of guaranteeing the freedom of divorce,the conditions and procedures of China's divorce registration system should be properly restricted from the top-level design of law.By means of comparative analysis method,literature research method,historical investigation method and other research methods,this paper attempts to explore the appropriate restrictive measures taken by other regions and countries to the divorce registration system in order to prevent hasty divorce,so as to put forward feasible Suggestions to make up for the deficiencies in China's divorce registration system.The paper is divided into four parts,including:Chapter one is an overview of China's divorce registration system.This paper mainly expounds the basic theory of divorce registration in China,the historical evolution of the divorce registration system,analyzes the implementation status of the divorce registration system,the problems caused by the status quo and the causes,andanalyzes the divorce registration system in China by means of historical investigation,so as to have a deeper understanding of the divorce registration system in China.The second chapter is a comparative study of the divorce registration system,sorting out the relevant systems in Macao,Taiwan,South Korea,France and Russia,and comparing it with China's divorce registration system,analyzing the shortcomings of China's divorce registration system,and finding out the experience that can be used for reference to restrict the freedom of divorce registration.The third chapter expounds the deficiency of China's current divorce registration system.If there are no restrictions on the marriage years of husband and wife on the substantive conditions of divorce registration,the interests of minor children are ignored;In the process of divorce registration,it is not required to perform the duties of mediation and notification.Chapter four puts forward some concrete Suggestions to improve the divorce registration system in China.Combined with China's national conditions and learn from other regions and countries advanced legislative experience,put forward to increase registration divorce conditions and improve the divorce two aspects of content,to make up for the divorce registration in China for more freedom and limit insufficient loopholes,first of all,increase the essence of the divorce registration condition,limited registration of divorced couples get married fixed number of year,couples with infant children to discriminate;Secondly,improve the registration of divorce procedures,increase the registration of divorce mediation procedures,require the registration authority to perform the function of informing,the provision of appropriate divorce consideration period,substantive review of the divorce agreement.