Reactive Law or Conservative Law? The Reform of Divorce Procedure in China

Bibliographic Data

ID12583199
AuthorsLei Shi (0000-0003-1203-9984, Associate Professor, Southwest University of Political Science and Law, China and Post-doc Visiting Scholar, University of Illinois at Urbana-Champaign, IL, USA, corresponding author), Shi Lei (0000-0001-8931-8610, Associate Professor, Southwest University of Political Science and Law, China and Post-doc Visiting Scholar, University of Illinois at Urbana-Champaign, IL, USA)
Year2020
Volume34
Issue2
Pages126-144
Publication date2020-07-02
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational Journal of Law Policy and the Family (JOURNAL)
Journal identifiersISSN: 1360-9939 • E-ISSN: 1464-3707
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/lawfam/ebaa002
OpenAlexW3081213288
LanguageEN
Citations received2

A marriage can be terminated in two ways in China, by registration or by litigation. Recently, China’s crude divorce rate has been gradually rising. Reforms are being carried out by the judiciary by introducing more supportive measures in divorce litigation. The legislature is writing drafts of the marriage and family part in the Civil Code. In the third draft, proposed articles would change the law on divorce slightly. These reforms reflect some trends in the development of Chinese family law. With respect to some debates on these reforms, the author suggests there could be a better way to draw up drafts. At the level of the judiciary, the present family justice reform has its advantages, and this bottom-up reform should be adhered to

China · Chinese law · Common law · Economic Justice · Family law · Law reform · Legislature · Marriage law · Municipal law · Political science · Conflict of Laws and Jurisdiction · Discrimination and Equality Law · Multicultural Socio-Legal Studies · Law

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