Citation

Chen W, Shi L, Luo XL. Int. J. Law Policy Family 2012; 26(1): 88-101.

Copyright

(Copyright © 2012, The author(s), Publisher Oxford University Press)

DOI

10.1093/lawfam/ebr020

PMID

unavailable

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

Language: en