“感情确已破裂”解析

Analysis of "Their Marriage Has Really Broken Up"

尽管在2001年4月,我国对1980年《婚姻法》进行了修订,但对离婚的原则界限仍然是“感情确已破裂”。然而夫妻感情不是夫妻关系的全部,感情破裂并不意味着婚姻关系的解体,因此把“感情确已破裂”作为裁判离婚的标准是不科学、不合理的。建议以婚姻关系破裂代替现行的感情破裂。

Although the Marriage Law of 1980 was revised in April, 2001, the limit principle for divorce is still ＂Their marriage has really broken up＂. However, a couple＇s emotion is not the whole and the breaking - up of their marriage does not mean the disintegration of their marriage. Thus, using ＂their marriage has really broken up＂ as a divorce standard is not scientific nor reasonable.