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婚姻自由原则是我国婚姻法所一贯坚持的基本原则,其既包括结婚自由也包括离婚自由。但近些年来,伴随着“闪婚”等一些社会现象的出现,我国的离婚率偏高,同时随着离婚率的提高,复婚率也在不断的提高,这一现象的出现说明我们有必要设置一些离婚障碍,以促使人们能更加理性的对待婚姻问题。别居法律制度是国外一些国家亲属法或家庭法中的重要内容。我国婚姻法中没有关于别居制度的具体规定,但国内许多地方已出现了相关的司法实践——“试验离婚”(冬眠离婚),我们有必要在婚姻法中增设别居制度,为这一司法实践提供法律支撑,以增加婚姻的稳定性。
The principle of freedom of marriage is the basic principle consistently adhered to by our country’s marriage law, which includes both freedom of marriage and freedom of divorce. However, in recent years, with the appearance of some social phenomena such as “flash marriage” and so on, the divorce rate in our country is high. At the same time, as the divorce rate rises, the rate of remarriage is also constantly increasing. The appearance of this phenomenon shows that we have It is necessary to set up some divorce disorders so as to encourage people to treat marital problems more rationally. The legal system of dwelling in other countries is an important part of relatives law or family law in some foreign countries. There is no specific regulation on the system of alienation in China’s Marriage Law, but relevant judicial practice has appeared in many parts of China - “Trial Divorce ” (Hibernate). It is necessary for us to establish a system of alienation in the Marriage Law Judicial practice provides legal support to increase the stability of marriage.