The current law and regulations of divorce system in China are mostly contained by 《PEOPLE``S REPUBUC OF CHINA MARRIAGE LAW》 (came into force on January 1st 1981; referring to 《MARRIAGE LAW》 here in after), 《 MANAGEME T REGULATION OF MARITAL REGISTRAT 0 》 (enact by civil ministry in February 2nd ,1994), and some judicial interpretation made by the Supreme Peope`s Court. Against clause 2 of 《MARRIAGE LAW》, five principles of Chinese marriage law are settled including the freedom of marriage doctrine, which contains both the freedom of getting married and the freedom of divorce. That``s to say, according to law the male and female partner of marriage have the right to decide the question of getting married and divorce, completely against personal will. The chapter 4 of 《 MARRIAGE LAW》 specify the procedure legal conditions and legal consequence etc. gainst current law, there are two legal systems to get in divorce in China, registration of divorce and action of divorce. 1. Registration of divorce, means getting`` divorce through procedure of anmlnistration. That` to say, both parties of marriage divorce on will, contracting on raising children and dividing property, and applying for divorce in the government agency of marital registration. After examination by the government agency of marital registration, if it is in line with the legal condition of divorce, the divorce will be registered, and the certification of divorce will be given. ( 《 MARRIAGE LAW》 clause24; MANAGEMENT REGULATION OF MARITAL REGISTRATION》 clause 14,15,16,18) 2. Action of divorce means only one party of marriage ask for divorce , or two parts will to divorce but can not come into agreement on raising children and dividing property, the action should be taken in the court. Against the clause 25 of 《MARRIAGE LAW》 , when one party of marriage ask for divorce, he or she can have the conciliation by related organization or take the action directly. Before the action, through the conciliation by related organization beside court, two parties of marriage can reach an agreement of compromise or divorce. But this pretrial compromi e and settlement is not essential formalities, the result of this conciliation does no have the legal enforce power. When the action was taken up by on party of marriage, the court should take a procedure of conciliation. If the emotion broken is true after the fail of conciliation, the judgement of divorce should be given ( ((MARRIAGE LAW》 , clause25). The judicial conciliation by court is essential procedure stipulated by law, when the compromise is reached, the plaintiff should withdraw the action`` when conciliated to divorce, referring to the agreement of both parties, the court will make conciliate document and send the document to both parties. The sent conciliate document has the same enforce power as the judgement document and divorce certificate. When conciliation is failed court will make out the judgement of allowing or not allowing to get in divorce. The current marriage law of China specifies the principle of emotion broken, taking the emotion broken and failing of conciliation as the legal conditions of the judgement to divorce. To judge what is conciliation, the Supreme People``s Court made out 14 specific clauses in ((Some Opinion Concerning People``s Court How To Determine The Emotion Really Broken in Case of Divorce》 (enforce on November 21st, 1989). At the same time, the ((MARRIAGE LAW》 have two special rules, that is (1) wife or husband of military personnel in active service ask for divorce, the consent of the military personnel is necessary (clause 26); (2) Except the court regards necessary to accept the apply for divorce by the male party of marriage, during the period of gestation and one year after bearing child, the male party of marriage can not apply of divorce. While divorcing, the partition of community property can be settled by agreement of two parties. If the agreement can not be concluded, the court will give the judgement concerning the particular facts and the principle of protecting the legitimate rights of women and children ( 《MARRIAGE LAW》 clause 31). And in 《Some Opinion Concerning People``s Court Dealing With Partition of Property in Case of Divorce 》 (enforce on November 3xd, 1993), and 《Answers to The Problems Concerning Public House Using and Leasing in Case of Divorce》 (enforce on February 5th 1996), the Supreme People``s Court specified particular regulations. While divorcing, the debt causing :from the marital life, named community debts, should be recompensed with the community property, if the property is not enough to cover the debts, two parties should consulting to repay, if no agreement can be concluded, the court will make the judgment. The debts caused by one side of marriage only, should be recompensed by this side ( 《MARRIAGE LAW》 , clause 32). Based on the principle of justice and protecting the legitimate rights of weeks, while divorcing, the party of marriage who have difficulties in living should be helped ( 《MARRIAGE LAW》 ,clause 33). According to current law, the relation between parents and children does not remove for divorce. No matter the children live with witch side of parents, both sides of parents have the responsibility of raising and education. The baby in breast-feeding period should live with mother in principle.