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当今世界各国的离婚立法,总的看来,有从限制离婚主义向自由离婚主义发展的趋势,体现在法定的离婚理由上,就是以破裂原则代替过错原则。破裂原则的根本特点是不问婚姻当事人有无违反婚姻义务的行为,只要当事人诉请夫妻已不堪共同生活,法院也确认婚姻关系确已破裂到不能挽救的程度就可判决离婚。1912年瑞士婚姻法最早采用了破裂原则,此后,其它国家也相继采取了这一立法。在二次大战以后,人们对离婚的传统看法有了很大转变,离婚不再被作为对夫妻一方违反婚姻义务的制裁手段,而被视为对破裂婚姻的认可和救济。随
In the current world, the divorce legislation in various countries generally shows that there is a trend from restricting the development of divorce to free divorce, as reflected in the legal grounds for divorce, that is, to replace the principle of fault with the principle of rupture. The fundamental characteristic of the principle of rupture is that it does not ask whether a marriage party violates the obligation of marriage. As long as the party sues the couple for living together, the court also confirms that the marriage relationship has indeed ruptured to an extent that can not be rescued. In 1912, Swiss Marriage Law adopted the rupture principle for the first time. Since then, other countries have adopted this legislation one after another. After World War II, the traditional perception of divorce has changed dramatically. Divorce is no longer seen as sanctioning and remedying a broken marriage as a means of sanction that violates marital obligations to one of the spouses. With