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

Abstract

Abstract 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.