我国《婚姻法》设立别居制度的法律思考

The Legal Consideration on the Separation System to Be Founded in Our Marriage Law

夫妻别居是指夫妻双方不解除婚姻关系,但停止同居义务的婚姻家庭制度。我国现行法律对夫妻别居制度未有规定,是造成目前离婚案件居高不下的重要原因。因此,尽快设立夫妻别居制度,以法律规范夫妻别居期间的权利义务关系,对于维护家庭和社会稳定,避免轻率离婚有很大的积极作用。

The separation system of husband and wife refers to the legal system,in which both sides of husband and wife dissolve the cohabitation obligation in a certain period of time when they remain the marital relation.The separation system of husband and wife has not been set up in our present law,which is the main reason that results in high divorce rate.Therefore,it is necessary to establish the separation system of husband and wife as possible as quickly and regulate their rights and obligations during their s...