改革开放三十年中国离婚法研究回顾与展望

Comments and Prospects on Studies for Chinese Divorce Law:1978—2008

无论何时，离婚条件、离婚程序、离婚效力、离婚救济等问题，都事关人们对自由、公平、正义的追求。自1978年实行改革开放政策以来，三十年间，中国内地年获准离婚人数，从1978年28．5万对、1988年65．5万对上升到1998年119．1万对，2007年达209．8万对，①离婚人口持续增多；有离婚经历人口合计约5000万人之多，直接受到利益牵涉的人估计超过3亿。

Divorce Law which is the greatest reformed and argued part of marriage law reflects the social changes. There seems three steps of studies on chinese divorce law for 30 years recently since 1978. So many achievements of academic studies have been made,which focused on the value and functions of divorce law including these issues such as grounds for divorce,dissolution of military marriage,children's care,the division of matrimonial property,divorce relief,etc. Then grounds for divorce have been listed,the right to visit a child,divorce damages have been introduced into Marriage Law of China,etc. However,there is little of original creative research with great social influences on divorce law,and less attention on divorce procedure law including registration of divorce,consensual divorce in a court and foreign countries' divorce law. In the coming future there should put more stress to study on these issues such as limitation and justice for divorce,children's protection,court discretion on finance and social welfare,divorce procedure,relationships between divorce law and other laws,legal service of divorce,international reform of divorce laws,relationships between divorce law and social reform.