Jurisprudence Thinking About The Restriction Of The Law On The Freedom Of Divorce

At present,with the continuous development of society,new problems arise in the field of marriage and family,and new situations continue to impact traditional culture,moral concepts and even legal norms.As the basic right of citizens,marriage freedom is also a basic principle in marriage law.Divorce is a right that can be exercised freely,but without any scruple exercise,it will cause certain damage to others' rights.Considering the general situation of our country,the divorce rate presents a gradual upward trend.When a wave of divorce swept through the marriage and family,we have to think about the various problems of divorce freedom.In the field of law,freedom of divorce of scholars are only from the perspective of law,understand the problem,and discusses its deeper lack,so in the background of the socialist harmonious society under the restrictions on the freedom of divorce,how to limit is particularly urgent,legal restrictions on the freedom of divorce not only for the individual,the family,even the society as a whole is of great practical significance.This paper will be to pursue the human nature of marriage begins,analyze the theoretical root of the freedom to divorce,and puts forward the legitimacy of the freedom to divorce,then through combing between individual and the law principle,to further explore the social and moral responsibility of marriage behind the analysis of the negative effects of divorce too freely,to draw out the necessity of freedom of divorce law.Finally,the general standard of the law on the freedom of divorce is put forward,and the problem of the freedom of divorce is solved for the special people of our country.The freedom of divorce is not only the personal freedom of the parties,but also closely related to the society.Therefore,in view of the problems arising from the divorce freedom in China,how to limit the degree of the law will be the most important part of this article.