Journal Article

A Separation System For China's Mainland: Concept And Social Reality

Wei Chen, Lei Shi and Xiao-Ling Luo

in International Journal of Law, Policy and the Family

Volume 26, issue 1, pages 88-101
Published in print April 2012 | ISSN: 1360-9939
Published online January 2012 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebr020
A Separation System For China's Mainland: Concept And Social Reality

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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 China’s mainland, and explores current Chinese legislation on separation. It then proposes a separation system based on social reality in China.

Journal Article.  5426 words. 

Subjects: Family Law ; Marriage and the Family

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