Legal Grounds for Divorce in China: Origin and Evolution
(주)코리아스칼라
- 최초 등록일
- 2023.04.03
- 최종 저작일
- 2021.09
- 22페이지/ 어도비 PDF
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* 본 문서는 배포용으로 복사 및 편집이 불가합니다.
서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : China and WTO Review / 7권 / 2호
ㆍ저자명 : Jianghao Xia
목차
I. Introduction
II. The Grounds for Divorce in Chinese Marriage Law
III. The Divorce Rates and Grounds in China:Statistical Analysis
IV. Legi slative Reforms of the DivorceGrounds in the Chinese Civil Code
V. Conclusion
References
영어 초록
The Chinese Marriage Law 2001 stipulates two kinds of divorce: registered divorce and litigated divorce. In this paper, the different grounds and procedures related to these two types of divorce will be examined and the judicial statistics and empirical experience about the legal system of grounds for divorce in practice will be explored. Compared to litigated divorce, the easier registered divorce predominates in terms of number. While the sole legal requirement for litigated divorce is that the marriage has broken down irretrievably, this breakdown needs to be evidenced by specific facts. The facts listed in Marriage Law 2001 are mostly fault-based. However, they are not in line with the situation in practice and increase the difficulty of litigated divorce. The legislative reform for the legal grounds for divorce in the Chinese Civil Code (2021) has been undergone in order to strike a balance between protecting people’s autonomy to divorce and assisting people to make divorce decisions.
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