关于我国离婚法定条件的探讨——混合标准还是单一标准

关于离婚法定条件的探讨贯穿于我国婚姻法发展的整个过程。从1950年新中国第一部婚姻法到1980年婚姻法的重新制定,乃至2001年婚姻法的修订,都是一个探索的过程,但探索的结论并没有很大的突破,仍是将离婚法定条件定为感情或婚姻破裂的单一标准。出于完善我国婚姻立法中的法理基础的需要,笔者以为应在我国婚姻立法中确立混合标准的离婚法定条件。

On the Explore of the Legal Condition in Divorce

The study about the legal condition in divorce has been carried out through the whole developing process of the law of marriage in our country. China’s law of marriage was first made in 1950, was refreshed in 1980, and then was revised in 2001. It’s a very long exploring process, but the conclusion has still not been broken through until now. The Law of Marriage still settles the legal condition in divorce with the rupture of affection as the single standard. Proceeded from the requirement of perfecting the legal principles in the marriage legislation, it is important to settle the mixed standards of legal condition in divorce to perfect our marriage legislation.