摘要(Abstract)：
I.THE ORIGIN OF PROBLEM:THE WAVE OF"FAKE DIVORCE"In China,the phenomenon of"fake divorce"always exists.Now with the extremely high price of a residence in the first-tier cities and all kinds of restriction policies on residence purchase,the"fake divorce"phenomenon is increasing.Before the coming out of restriction policies on residence purchase,
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Abstract:
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基金项目(Foundation): phased achievement of the Research Project of Ministry of Justice on Legal Construction and Jurisprudence Study
作者(Author): 罗冠男;
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参考文献(References)：
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- 4 FAKE DIVORCE LEADING TO THE REAL RELATIONSHIP WITH OTHERS,EX-HUSBAND WAS ASKED TO REVENGE TO HER LOVERS AND BOTH OF THEM ENDED IN JAIL,THE PEOPLE’S COURT OF TONGZHOU DISTRICT IN BEIJING,AUGUST 2,2010;FAKE DIVORCE LEADING TO THE MISUNDERSTANDING,THE HUSBAND GOT PROBATION FOR BURNING THE HOUSE OUT OF RAGE,THE PEOPLE’S COURT OF TONGSHAN DISTRICT IN XUZHOU,JIANGSU PROVINCE,MARCH 15,2011,at http://www.pkulaw.cn(Last visited on October 19,2017).
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- 6 Id.
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- 21 Article 117 of the Civil Code of Germany.First,if a declaration of intent that is to be made to another person is,with his consent,only made for the sake of appearance,it is void.Second,if a sham transaction hides another legal transaction,the provision applicable to the hidden transaction applies.
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- 33 Most Countries have the provisions of the legal effect of the colluded mendacious marriage,such as Germany,Italy,America,France,Japan and Russia,and the effect are invalid or revoked,see Jin Mei,supra note 30.
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- 36 Article 230 of the French Civil Code:A petition for divorce may be presented jointly by the spouses where they agree on the breakdown of the marriage and its effects by submitting to the approval of the judge an agreement which regulates the consequences of the divorce.
- 37 Article 232 of the French Civil Code:The judge shall approve the agreement and decree a divorce where he has acquired the belief that the intention of each spouse is real and that their consent is free and well informed.He may refuse the approval and not decree a divorce where he finds that the agreement insufficiently protects the interests of the children or one of the spouse.
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- 39 Supra note 2.
- 40 Xia Yinlan,supra note 3.
- 41 Supra note 2.
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- 46 THE NOTICE OF CONSIDERATION PERIOD OF DIVORCE,WHICH IS LEGALLY BONDING AND CANNOT GETDIVORCED IN 3 MONTHS,at http://news.youth.cn/jsxw/201703/t20170318_9314599_1.htm(Last visited on October 19,2017).
- 47 Luo Guannan,Building the Separation in China from the Perspective of Revision of Italian Divorce Law,1 Legal Magazine 102(2016).
- 48 In addition to the restriction of consensual divorce,establishment of consideration period and separation,the courts in France and Germany can decide the couple cannot divorce in the condition of damaging the interest of junior children.
