Research On The Legal Problems Of False Divorce

Marriage and family relationship is the basic social relationship,marriage and family harmony is the basis and premise of social stability.With the continuous development of economic and social,cultural diversity and ideas constantly open up,the stability of marriage and family relations hit,under the temptation of improper benefit and purpose,both sides of husband and wife can easily adopt the false divorce to defraud the rights and interests and evade obligation,also from the side reflects the provisions of the relevant conditions and procedures for divorce system in China is too simple,too much freedom,which can lead to false divorce,produced by false divorce disputes prone,some even caused the criminal cases and major kills,it damages the rights and interests of the parties and related persons and destroys the marriage order and social order so as to affect their harmony and stability.The frequent emergence of false divorce has not only aroused wide attention of the society,but also triggered the discussion of many scholars.Especially after the introduction of the general provisions of civil law in China,many scholars such as Yang lixin and Wang liming have proposed that false divorce should be regarded as invalid.At present,there is still a lack of clear regulations on fake divorce in China's legislation,which is mainly reflected in the incomplete provisions on this issue in marriage law and general provisions of civil law.The first part of this paper first defines the concept of false divorce,summarizes the characteristics of false divorce,and then carries out a detailed classification of its theory,conducts a comparative analysis of false divorce and fraudulent divorce,and summarizes the differences between the two to clarify the concept and characteristics of false divorce.The second part analyzes the causes of false divorce and the possible legal risks of false divorce.Through the analysis of the causes,it can help us understand the phenomenon of fake divorce fundamentally.By analyzing the possible legal risks of fake divorce,we can realize the necessity of regulating and preventing fake divorce.The third part is the academic inquiry about false divorce law,first introduced the processing status quo of our country law and practice about false divorce,due to the absence of false divorce law,through the analysis of the marriage law of our country and relevant judicial explanation,the relevant provisions of the civil law general principles,summed up the practice of false divorce processing present situation,the legal effect of divorce for false theoretical disputes were analyzed,and summarizes three disputes,it includes whether article 146 of the general principles of the civil law can be applied to identity behavior,rationality analysis of denying the legal effect of false divorce,and whether the application of article 146 of the general principles of the civil law can't confront the third party in good faith.Finally the fourth part,the insufficient false divorce law regulation from the side reflects the deficiency of the current divorce system in China still exists some shortage,therefore,through stipulate a time limit for the exercise of the right to divorce claims,set up considering divorce period,improve the review process,promote the divorce agreement standardization,set up a system of divorce is invalid to perfect system of divorce,can more effectively prevent and regulate false divorce.