한.중 이혼제도의 특징에 관한 일고

A Study on Characteristic of Divorce System in Korea & China

This paper analyses the present civil law of the Korea and the Chinese marriage law which has been revised in 2001 on the comparative point of view. The object of this paper is the whole divorce system which is including the divorce elements, the procedure of divorce and the effects of divorce and so on. So it can not be denied that, in some degree, this paper has objective aspects. In this paper, on the comparative point of view, it analyzes the detailed differences which are especially including whether accepting the responsible spouse's divorce petition or not (whether accepting the breakdown principle or not), what is the procedure of the divorce justice, the property division for the spouse is made by what kind of standard and method after the divorce and the custody of the children is set by what kind of standard and method and what is the specific plan to guarantee the child maintenance after the divorce and so on. The Korean law has the advantages in the general aspects such as the law systemicity and the time adaptability, but Chinese marriage law still has very developed legislative form and contents in the areas of political system, social economic structure and the family system and the differences of the sense of family. Especially, several legislative considerations for the welfare of the women and children have much important comparative implications. Hope that this paper can be agreed and used as the materials which can help understanding the Chinese marriage law and solving daily increasing international divorce events which happen between Korea and China.