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

摘要

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.