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Analysis of success and failure of marriage amendment - for marriage and family legislation a new starting point

Marriage Law of 1980, enough to In the discussion of amendment of the marriage, some gay advocate the use of Since divorce is only the determination of marriage and of death, and marriage and death only through marriage, to determine the internal signs that the husband and wife to determine affection no longer exists, so the Marriage Law of 1980 established the statutory grounds for divorce, and China has the world's leading legislative characteristics, and has been known and accepted by the masses, there is no modification necessary. The development of national legislation in the contemporary trend of divorce, the legal grounds for divorce is a result of the establishment to no result, from the list to the general, from fault to no fault, then marriage or marriage breakdown. Since the breakdown of the principles of marriage law in the world of divorce legislation has been connected to the rail, and legislation to determine than foreign divorce or marriage breakdown of the marriage as grounds for divorce more in place, no need to force all. Therefore, our legislature did not adopt the Under the existing Marriage Law Article 32, paragraph 2, feelings are no longer exists, is the people's court ruling limits the principle of whether to grant a divorce: On the contrary, has not yet broken emotions, both, or a moment mediation fails, should not be granted a divorce, it is not self-evident. The law so provides,[link widoczny dla zalogowanych], it should be said to be a perfect. However, the revised Marriage Law, added in the next section states: abuse, abandonment of family members; (c) gambling, drug abuse and other vices incorrigible; (d) the feelings of separation for two full years substandard; (e) other circumstances lead to alienation of mutual affection. at least the following problems: First, first provides that First requirement is that the general no-fault grounds for divorce, after the specific provisions of the fault grounds for divorce. Different standards for divorce, the lack of scientific and feasibility. Second, many provisions of a divorce situation, in the main body of the request for divorce without restrictions, regardless of fault divorce party, but also [3] The Supreme People's Court Article 5. [4] Marx: * 18 * Analysis of success and failure of marriage amendment to the innocent party either filed for divorce, if mediation fails, should be granted a divorce, legislation was unfair. Third, the law provides many of the specific reasons for divorce are all the external signs of marriage,[link widoczny dla zalogowanych], marriage and death can not play a decisive role. Because the internal health and vitality of marriage, both, or encountered some external trauma or accidental event, nor an instant collapse and death. For example, spouses living together with others in different marital relationship, will produce different results. In this marriage, marriage and death consequences that may arise; and marriage in Peru, but has been remedied. This is because, in both the marriage relationship, marriage has a completely different internal factors, that is, different feelings of the couple. This means that the decisive role of divorce is emotional factors within the marriage, marriage law in article 32 of those divorce cases, but the external conditions or the reasons for divorce, no decisive effect on divorce. Marriage Law, the features, easy to perform when the one-sided. Therefore, the additional circumstances that the provisions of the divorce, there are indeed unnecessary, superfluous too. Of course, five years ago, the Marriage Law that changes, we can not completely sure, can not be negated, only to scientific development concept, a realistic analysis, from different angles and levels to gain and loss of its evaluation. Of marriage and family legislation not be the same,[link widoczny dla zalogowanych], there is also a process of advancing with the times, their analysis did not in sight. I desire to academic colleagues, through persistent quest, equal dialogue, marriage and family legislation for the development of a theoretical preparation for the building of civilization, the family and society do. * 19 *
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