试论我国分居制度之完善

我国现行婚姻法虽然在离婚制度中将分居作为判决离婚的法定理由之一,但是对分居制度的相关内容没有明确规定,这不仅无助于规范当事人的行为,也使得司法实践缺乏可操作性,还可能使家庭关系中的弱者的利益受到损害。因此针对婚姻立法的不足,在借鉴国外立法经验的基础上,应对我国的分居制度不断加以完善。

On the Perfection of the Rules of Separation in China

Though the present law of marriage in China regards separation as a legal reason of divorce pronounced, the relevant rules on separation haven't been clarified. As a consequence of this, not only actions of litigants concerned will not be restrained, but also the operation of laws loses its plausibility. Moreover, the benefits of the weak party in the family might be harmed. Therefore, by reason of the deficiency of the present law on marriage, the rules of separation in China should be gradually perfected on the basis of using the legislation experience of other countries for reference.