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Legal Grounds for Divorce in China: Origin and Evolution KCI 등재 SCOPUS

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이준국제법연구원 (YIJUN Institute of International Law)
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.

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
저자
  • Jianghao Xia(Lecturer of Family Law at China University of Political Science and Law (CUPL); Editor, Chinese Journal of Human Rights (Chinese). LL.B. (CUPL), LL.M./Ph.D. (Peking))