无过错离婚立法中的衡平机制（Equity mechanism in the legislation of no fault divorce）.doc

无过错离婚立法中的衡平机制（Equity mechanism in the legislation of no fault divorce） Equity mechanism in the legislation of no fault divorce The reform of the contemporary divorce law began in the late 60s and early 70s of the last century. In 1969, the U.S. state of California by the western worlds first completely abolished the principle of fault divorce laws and regulations of both husband and wife irreconcilable contradictions in the marriage irretrievably broken is the only reason for divorce. Since then, divorce legislation in many western countries has chosen different patterns of broken divorce. Divorce law is from the wrong divorce to the breach of fault, and the doctrine of divorce has stepped forward. It has transcended the legal system and crossed the barriers of the social system, becoming a worldwide trend. When China promulgated the second law of marriage in 1980, it established the standard of divorce for the husband and wifes feelings have broken, and entered the ranks of the countries which broke the divorce doctrine. The implementation of the no fault divorce law has also led to some unexpected social problems for legislators. The impoverishment of divorced women and the deterioration of the living conditions of children monitored by mothers are among the most common issues. This is a no fault divorce law, which tends to make divorce easier and ignores the apparent consequences of a series of social problems resulting from an individual choice of divorce. Breaking the law of divorce is only the beginning of the reform of the contemporary divorce law. The construction will divorce harm minimization, disadvantaged economic security of the party and the interests of minor children, so that it is not because of divorce and divorce caused the predicament of life balance mechanism is no fault divorce legislation goal of reform in the future. The balance system of divorce, to adhere to the principle of no fault divorce as the premise, in the divorce conditions and pro