| Summary: | 碩士 === 國立高雄大學 === 法律學系碩士班 === 105 === In our systems, the law towards the concept of divorce always combines with responsibility into verdict, which causes the failure of divorce. Compared with the ones in European countries and the US, the standard of our country is so high and the jurisdiction lacks flexibility thus ignoring the fact that the truth of marriage is the willingness of the spouses still want to build a life together. Besides, while filing a lawsuit also needs to take the responsibility of proof providing including serious causes like domestic violence, affairs, incurable diseases and the like, which is also an essential procedure whether to have a successful divorce or not. However, when one spouse file up for divorce that means problems in the marriage occurs and one of the married couple has no willingness to continue this marriage. If the marriage is difficult to sustain, the husband and wife shall be responsible for comparing the degree of responsibility between the two sides, only the lesser of the responsibility to the other side of the heavier request for divorce, such as the two sides of the same degree of responsibility, the two sides have to request a divorce, "and so on. As the referee of the standard, they cannot have existing problems (flaws) of the marriage canceled, but will create more resentment and social problems.
The function of the court is to settle the dispute. However, the law cannot explore human nature, and feelings are stored in the feelings of the parties inside, others cannot scrutiny, aware of the true feelings of the party’s heart. In Taiwan, if one of the couple, because of the other without feelings, or extramarital affairs, do not want to continue with the other party to maintain the marriage, the divorce complaint, they most likely to face the other party cannot be reconciled, or retaliate and when the divorce lawsuit is filed, the party who is at fault will also be reluctant to divorce because of the relative person's hypocrisy, face a losing case, and face a losing case. His life will not be able to end the existence of problems (flaws) of the marriage. Taiwan's divorce system, from the appearance point of view, seemingly protect the rights of the spouse without fault, to maintain the parties marriage, but get to the bottom of them, but not the case. Such a divorce system is only to maintain the formal marriage; in fact, the marriage relationship in the parties may continue to separate the two places may not live with the same room, may also continue to be domestic violence or injury to each other, More likely to be the heart of people need to claim the helpless. Taiwan’s referee divorce system seems to protect the spouse rights, but it also suppresses the other’s personality. This study, by case study of Taiwan's divorce system.
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