中國大陸離婚法之修正

Abstract

中國婚姻法已於二OO一年四月二十八日修正，本研究計畫主要係針對第四章「離婚」之規定作探討。在相關之論述中，將會涵蓋以下的主題：(一)離婚法修正之原因(二)離婚之型態(1)判決離婚(2)協議離婚(三)離婚之限制(1)軍人離婚之限制(2)懷孕期間或分娩後離婚之限制(四)離婚之效力(1)子女之撫養(2)子女之探望(3)財產之分割(4)損害賠償(5)離婚後之經濟幫助.

The Marriage Law of the China was modified substantially in April 28 of 2001. It`s been the main theme of this research plan to focus on the study of Chapter 4, titled as \"Divorce\", of the newly modified Marriage Law. Amongst the related issues, the following discussion includes several major topics: 1. The Background of the Modification Relating to the Divorce Rules. 2. The Types of Divorce, including: (1) Divorce by Judgement, (2) Divorce by Agreement. 3. The Restriction of Divorce: (1) The divorce of the people in military services, (2) The divorce conducted during the pregnancy or right after the delivery. 4. The Legal Effects of Divorce: (1) The child care supports, (2) The entitlement to visit the children, (3) The division of properties, (4) Damages and compensations, (5) The economic assistance pending divorce.