's divorce rate is not too high is normal FW: Today, our divorce rate is rising year by year. China is now the divorce rate, compared with the United States, high  Wu Changzhen: The divorce rate in the United States for nearly 40% of the high rate of divorce is a feature of it. China's divorce rate is not high, within the normal range. FW: Statistics show that from 2003 to 2009, China's divorce rate is the average increase of 8%. Some people think that this is a protection of individual freedom, before the divorce, because the government, courts in controlling the rate of divorce. But others believe,[url=http://piuminimoncleroutlet6it.webnode.it]piumini moncler[/url], This shows that people are too hasty marriage. How do you see  Wu Changzhen: the high rate of divorce, you should see a split in two. People to pursue love the freedom of marriage is correct, this is the basic freedom of marriage. Unhappy marriage, emotional disharmony, "Strange Bedfellows" what better day  It is reasonable to ask for a divorce, free performance. No feelings of marriage is immoral, and divorce is inevitable. Marriage rash is an old topic. Especially some young people, feeling an impulse, on the flash marriage and flash away. From a research point of view of the court, and now marriage divorce cases improved simultaneously also improving remarry. This shows that the divorce did not consider thoroughly afterwards regret, leading to remarry rate also increased. Had premarital training to teach the mother-and daughter get along Road FW: flash marriage, flash off, whether it should take some of the way to avoid it as much as possible  Wu Changzhen: It should take some measures from a legal perspective. Some of the measures abroad I feel good. For example, registration of marriage will not immediately approved, but announced to the public three days, during which problems will has been suggested. For example, the Court accepted the divorce case, should give the parties a consideration period or test period. This will enable the parties to reason calmly go look at some. In addition, you should refer to the legislation of the United States and Russia and other countries, and the establishment of a premarital education system,[url=http://www.hollisterccbeonlineshop.com]hollister online shop[/url]. The marriage parties "plainly married. The premarital learning and training, China has also done some. 80s of last century, the Beijing Municipal Women's Federation office newlyweds schools educate young couple married how to get along with, as well as between mother-and daughter experience how to deal with contradictions,[url=http://www.abercrombieparismagasin.fr]abercrombie france[/url]. However, China has not institutionalized. Freedom of marriage into a misunderstanding FW: As far as I know, some foreign countries also provide relief system marital Intro. Wu Changzhen: mainly includes three aspects: restrictions divorce within a certain period of time after the marriage; establishment of divorce consider the period; case of minor children, restrict divorce. FW: foreign legislative mind  Wu Changzhen: These can effectively reduce the divorce rate, maintaining harmony and social stability of the marriage relationship. I suggest that China should also refer to the advanced experience of the world marriage legislation, setting the relief system in the marital. Now freedom of marriage into a misunderstanding, freedom absolute, resulting in adverse social consequences. Children of single-parent families, and vulnerable to discrimination. Beijing Federation of Trade Unions has a research, the poorest families are often single-mother families, the mother took the children in divorce, economic capacity is not strong, the man to the alimony is not high. This led to the child's psychological imbalance. Foreign investigation, this situation will lead to vent, without an increase in crimes, Za Boli, smashing cars, drug. Therefore, we should take measures to avoid this from happening,[url=http://www.abercrombiebeonlineshop.com]abercrombie deutschland[/url]. Children are the future of our country,[url=http://www.abercrombie2013sitoufficiale.it]abercrombie milano[/url], and also rely on them in the future, should give them a healthy family environment. Marital property "son-in-law to the mother-in-law money to see a doctor," ye resolve FW: According to the new judicial interpretations, the marriage party parents financed the purchase of real estate for their children, their property rights registered in the name of their children, should be recognized for the spouse's personal property. The original intention of this provision is it  Wu Changzhen: This is in order to protect personal property. For example, a house my parents bought me, and to transfer the house to me, this is my house. Is actually in the protection of the rights of the elderly,[url=http://www.abercrombiemilanoccit.com]abercrombie[/url]. This is a common phenomenon in real society,[url=http://isabelmarant6fesneakers.webnode.fr]isabel marant[/url], parents' pension money to their children to buy a house, how to do in case of divorce  Should be given to the protection of the rights. FW: from foreign legislative, Germany, France,[url=http://isabelmarant6fesneakers.webnode.fr]isabel marant sneakers[/url], Italy, and China's Taiwan region has a very legal property system. Please tell us about this provision. Wu Changzhen: very legal property system is a legal property system for the property relations between husband and wife adjustments, when the relationship between husband and wife in the very state, the revocation of the original applicable statutory property regime,[url=http://piuminimoncleroutlet6it.webnode.it]moncler[/url], and instead enable the separation of property regime. The structure of our legal property system is incomplete. Marriage Law only provides for the the marriage resulting common system, without stipulating the the very legal property system. The establishment of this system is conducive to to protect marriage party of the legitimate rights and interests of both sides, and safeguarding the interests of the third party and transaction security, I think we should make the appropriate provisions. It solves the problem of "the maiden the things my husband very tube". This phenomenon exists in society,[url=http://www.hollistereedeonlineshop.com]hollister[/url], can not be solved with the general statutory property regime. Such as the woman's mother was sick, desperate for money to treat, the husband does not agree that my money is, and what she went to see a doctor. This makes it necessary to use to designate both the property to a non-statutory property regime. Woman to take belonging to their own range of property, medical treatment, to go to his mother is very reasonable. Divorce relief divorce damages should be added the fallback provision FW: now divorce cases often claim to the other party in the divorce situation. Our existing laws, what needs improvement  Wu Changzhen: Divorce Damage Compensation System Scope is not comprehensive enough. The provisions of section 46 of the Marriage Law, there are four cases for damages: bigamy, has a spouse living together with others, the implementation of domestic violence and abuse, abandonment of family members. In my view, should increase the fallback provisions - there are other serious fault. The Marriage Law are the fallback provision. Emotional breakdown performance, the scope of the common property has "other circumstances", only the provisions on damages. In accordance with the above four compensation does not comply will not lose. Life is complex, should be required other circumstances, give the court a flexible use of space. In one case, the husband went to Shenzhen on business results prostitution, contracted sexually transmitted diseases, the wife is also infected, and then the wife had been pregnant. Wife had to do because of sexually transmitted diseases, abortion. During surgery, there have been some problems, the result will hysterectomy, resulting in permanent infertility. The wife angrily filed for divorce, husband compensation. Should not lose, because the husband sexually transmitted diseases cause abortion that infertile for life, but in this case, does not meet the above requirements, So said the scope of the divorce damages system is not comprehensive enough. The experts suggest that the emotional breakdown should be replaced by the breakdown of their marriage FW: Some people think that marriage law "emotional breakdown" as the statutory grounds for divorce, not scientific. How do you see it  Wu Changzhen: I agree with this view. Most of the implementation the principle of rupture doctrine divorce of the country, not "emotional breakdown", but "the breakdown of their marriage. The law is the adjustment of social relations, rules of conduct, and the feelings of subjective ideology, the light from the feelings in this regard is to say, not very scientific. That the breakdown of their marriage, some of the broader, more realistic, including not because of emotional problems caused by divorce. Example, some people have an incurable illness, proposed divorce is not to say love each other, but to each other to be able to better living, filed for divorce but love him. Such emotional breakdown can not be used as grounds for divorce. Another example, a party was sentenced to life imprisonment, filed for divorce, so it is reasonable, but it does not say that the feelings of both rupture, because the objective situation they can not be together. The first prosecution divorce the two sides should calmly consider FW: In judicial practice, the parties first to divorce court, if the other party does not agree to leave, the court essentially not sentenced from. What is the legal basis  Do you think whether this provision should be modified  Wu Changzhen: a judicial interpretation of the provisions. This is a slow a relief, to be prudent, to allow both sides to calm down. In fact, this is not a hard and fast. Now the court for a divorce case, or focus on mediation, based on to save the marriage. Prohibit and stepfather abandoned remarry a wife stepdaughter FW: Some scholars believe, about the personal relationship between husband and wife should be additional spouses the right to. How do you see it  Wu Changzhen: spouse the right to refer to the identity of the spouse's interests, between husband and wife mutually exclusive by the rights of people, any other person shall not be violated. Its contents, including the right to decide the place of residence, cohabitation rights, day-to-day affairs agency rights, mutual support obligations. I think that the provisions spouse right conducive to fulfill the functions of the family between husband and wife. Spouse rights legislation has not been on the agenda. Spouse right word, it is only in civil law textbook. FW: marriage legislation, has been suggested to increase the scope of the prohibition of intermarriage, in order to avoid the presence of some marriage contrary to the social habits,[url=http://www.hollistereefrmagasin.com]hollister france[/url]. How do you see it  Wu Changzhen: I suggest should refer to the general practice of marriage legislation in countries prohibit immediate-laws, fiction lineal descent intermarriage. Immediate-laws, it plainly refers to the father-in-law and daughter-in-law, mother-in-law and son-in-law. Our social habits is not intermarry. The provisions in this regard is not all just blood relatives within three generations can not get married. Fiction lineal descent marriages, this example: a man and a woman over 50 years old, the two married woman has a daughter,[url=http://www.hollistercooutletclothing.co.uk]hollister uk[/url]. Later, the man and the other daughter soon fell in love, right again divorced, the stepdaughter to marry him, this situation is too embarrassing, the traditional concept of the majority of people can not be accepted. Text / reporter paid in intern Goal Orientation Drawing / Li Ming
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