Author： Chen Wei Shi Lei Luo Xiao-Ling
Publisher： Oxford University Press
ISSN： 1464-3707
Source： International Journal of Law, Policy and the Family, Vol.26, Iss.1, 2012-04, pp. : 88-101
Disclaimer: Any content in publications that violate the sovereignty, the constitution or regulations of the PRC is not accepted or approved by CNPIEC.
Abstract
Establishing a separation system on the basis of social reality in accordance with the legislative guideline of safeguarding marriage freedom, preventing wanton divorce in Chinese marriage and family law will offer a period before divorce for spouses to reconsider their marriage relationship calmly so as to deal with family disputes cautiously, then decide whether to divorce or not. Hence, establishing such a system is beneficial to the interests of the parties and the children, and to the stability and harmonization of society. This article analyses the social basis of establishing a separation system in Chinas mainland, and explores current Chinese legislation on separation. It then proposes a separation system based on social reality in China.
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