| 离婚轨制是婚姻轨制的一个构成部门,也是消除婚姻关系的究竟阶段。离婚是社会和婚姻家庭法律配合存眷的成绩,也是列国广泛关怀的成绩之一,离婚轨制在一个国度的立法中占领有主要位置。跟着社会的成长,离婚阅历了从不被许可到被许可,从艰苦到轻易的进程。最近几年来,跟着世界列国离婚率的逐年上升,列国纷纭开端审阅本身国度司法划定的离婚轨制。本文依据对中韩两国离婚轨制停止比拟与剖析,找出配合点和分歧点,并商量韩国的离婚轨制对我国的启发。本论文对两国的协定离婚、诉讼离婚、离婚效果停止比拟研究。本文分为六个部门睁开论证。第一部门为绪论,重要剖析了研究目标、研究规模、研究办法,并对有关离婚轨制的文献停止了综述。第二部分针对离婚轨制的概念及离婚与相干司法概念的差别和中韩两国离婚轨制的汗青成长停止研究,总结了两国的司法轨制的成长结果。第三部门是对中韩两国的协定离婚方面停止了具体的论述,经由比拟剖析发明两国在协定离婚的前提上既有配合点,又有分歧点,在解决协定离婚的机关、法式方面存在差别,并且韩国在协定离婚的有效与撤消,熟虑轨制方面具有奇特的划定。第四部门是对中韩两国离婚轨制的诉讼离婚方面停止了具体的比拟剖析,中韩两国在诉讼离婚的法定来由、调剂、告状主体、诉讼法式上既有配合点,又有分歧点,并且我国在现役武士离婚和妇女特别心理刻日内的离婚上,做了限制,这是我国首创的特色。第五部门是具体比拟了中韩两公法学划定的效果,并在离婚后怙恃后代关系、产业朋分、司法救援等方面找出了差异。第六部门是结语。总结了中国与韩国在离婚轨制方面应互相自创的需要性。离婚轨制是人们消除婚姻关系时配合遵照的规章或行动准则,中韩两国的离婚轨制在根本理念上具有类似的地方,所以,对中韩离婚轨制的停止比拟研究,对于完美我国的离婚轨制具有很年夜的实际意义和理论意义。 Abstract: Divorce system is a part of the marriage system, and it is also the stage to eliminate the marriage relationship. Divorce is the result of social and marriage and family law with attention, is also one of the achievements of widespread concern among the countries, divorce system in a country's legislation to occupy the main position. Along with the growth of society, the divorce experience has never been allowed to be allowed, from the hard to the easy process. In recent years, along with countries around the world, the divorce rate increased year by year, the nations are beginning to review the national legal provisions of the divorce rail system. Based on the comparison and analysis of the divorce system in China and Korea, this paper finds out the coordination points and points of disagreement, and discuss the enlightenment to our country. This paper on the agreement between the two countries divorce, divorce proceedings, divorce effect comparison research. This paper is divided into six departments to demonstrate. The first section is the introduction, it is important to analyze the research objectives, the size of the research, research methods, and the divorce system of the literature review. The second part focuses on the concept of divorce system and the differences between divorce and related judicial concepts and the history of the divorce system in China and Korea, and summarizes the development results of the judicial system of the two countries. The third sector is the divorce agreement on China and South Korea to stop the specific discussion. Through comparative analysis method in the two countries on the premise that the divorce agreement both in common and differences points, in solving the authority of the divorce agreement, the French are different, and South Korea in the agreement of divorce effective and undo and deliberate rail system has unique stipulation. Part four is the divorce proceedings of China and South Korea divorce rail system to stop the specific comparative analysis, China and South Korea in the divorce proceedings legal reason, dispensing, complain to the subject, litigation procedures both in common, and bifurcation points, and China at the active Samurai divorce and women female special psychological moment of divorce on does a restriction, which is characteristic of our country's first. The fifth sector is the specific comparison of China and South Korea to delineate the effect of the two, and in the post divorce relationship between parents and offspring, industry friends, judicial relief and so on to find out the similarities and differences. The sixth sector is the conclusion. Summarizes the need of China and South Korea in the divorce system. Divorce system is to eliminate the marriage relationship with the rules or principles of action in accordance with the basic concept of divorce system in China and South Korea has a similar place, so, China and South Korea to stop the divorce of comparative study on the perfect divorce system in China has a great practical significance and theoretical significance. 目录: |
