A Comparative Study on Divorce System in Taiwan ,China and California

• Main Authors: HSIAO, WU-JUNG, 蕭伍榮
• Other Authors: LIN, HSIU-HSIUNG
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/9e994u

碩士 === 東吳大學 === 法律學系 === 105 === Generally speaking,marriage is made up of masculine gender and feminine gender. With concepts and times changing all over the world,however, divorce rates are rising uninterruptedly nowadays. For instance, it is surprising to us that around fifty-thousand of pairs ended the marriage relationship below five years and the divorce rate was up to thirty-three percent in 2016 according to the recent statistics of Ministry of the Interior R.O.C. So we should notice that the marriage is very fragile without doubt in Taiwan. In addition, the result of divorce affects not only families structure but also generates great impacts upon children in the future. It is evitable to avoid divorce issues related matters such as spousal and child support, custody or property divison etc. I strongly suggest that everyone learn about divorce codes to make correct decisions and reduce influences on families as well as children in the best of their interests. The thesis mainly focuses on divorce systems among Taiwan﹐China and California in comparative method viewpoint. First of all, I will introduce divorce by mutual consent including their original histories, requirements and controversial issues between Taiwan and China in Chapter two because divorce by agreement has not been included in the U.S. divorce system for hundreds of years to protect women and children from being unfair treatment during divorce by consent. I will lay emphasis on the same and different points about Taiwan and China divorce by consent. Secondly, Chapter three is told about mediation systems among Taiwan,China and California. It includes definition of divorce conciliation system,necessity, their types and how to utilize the procedure to solve divorce problems. Additionally, the reason why we adopt the divorce mediation procedure is to save money, reduce bitterness and conflicts between the couples.Especially, using the effective method can decrease the harm to children. Chapter four focuses upon judicial divorce including grounds of divorce and compares same points and differences among Taiwan﹐China and California. States in the U.S. have jurisdiction over family law and have the power to legislate.It is difficult to explain all judicial divorce grounds in all states. So I pick up California that is the first state to abandon at-fault and enacts no-fault judicial divorce system. Her judicial divorce grounds include irreconcilable differences, which have caused the irremediable breakdown of the marriage and permanent legal incapacity to make decisions.After researching, I try to compare the divorce grounds among them in comparative view and find some merits which can be our legislative reference afterwards. Finally, in Chapter five,I will offer a suggestion over amending law opinions to make Taiwan divorce system much more perfect some day. For example,one of the three suggestions is separation system. Although lots of law professors have been devoted to proposing to add the separation system into our family law over the past years, the pity is that the legislature has not passed the law due to some reasons . The merit of separation system is that it can provide couples who have another efficient way to calm down when they are facing divorce matters and solve some marriage obstacles each other.