中美离婚制度异同.docVIP

中美离婚制度异同 　　摘 要：离婚作为一种制度在不同的国家有显著的不同，本文试图从中美的地理、社会和文化因素比较导致离婚的异同性，旨在分析人口统计学因素究竟在离婚的过程中的影响是否重要。 　　关键字：离婚；制度；人口统计学 　　Divorce as an Institution in Different Countries 　　Abstract: There are significant variations in divorce as an institution in different countries. In this research paper, I examine the extent to which geographic, social and cultural probabilities of divorce have been inter-related or completely different in the United-states, China to argue that demographic factors important or not in divorce. 　　Key words: Divorce, Institution, Demographic Factors 　　1.Introduction 　　Our society expects us not to get divorced. Getting divorced is a rather complicated business. It involves mastering certain complex hustling and property distribution, raising children by one-side, and divorce is associated with substantial declines in economic well being, especially for women and their children and finally the difficult requirements of later strenuous life of being an ex-wife. 　　As beautiful romances are transmuted into dull marriages, and eventually the relationship becomes constricting, corrosive, grinding, and destructive, the beautiful love affair becomes a bitter contract. The only way we can get rid of such a mess in our unfortunate marriage is to getting divorced. 　　2.Different Types of Divorce in the United-States China 　　Though divorce laws vary among jurisdictions, there are two basic approaches to divorce: fault based and no-fault based. 　　2.1 No-fault divorce 　　Under a no-fault divorce system, divorce requires no allegation or proof of fault of either party. The barest of assertions suffice. The application can be made by either party or by both parties jointly. In the United States, no-fault divorce is now available in all 50 states. 　　2.2 At-fault divorce 　　Prior to the late 1960s, nearly all countries that permitted divorce also required proof by one party that the other party had committed an act incompatible to the marriage. Most jurisdic