The Research On Certification Problems Of Separation In Divorce Litigation

With the development of social economy and reform of social system, it is view that marriage and family changed dramatically. The idea of family and marriage were impacted mightily, so the marriage parties may make the choice of whether to give up or not. In recent years, the number of the divorce cases that Chinese grass-root courts accepted is rising year by year. Along with its increasing, separation has become a common phenomenon. In most instances, the parties divorced based on Article32, section3(4) of the Marriage Law, which rules that separation caused by incompatibility which lasts two full years is legal reason for divorce. However, the law about separation is not good enough. After The founding of China, from1950Marriage Law,1980Marriage Law to2001revised Marriage Law, there were no detailed regulations about separation in marriage and family law system of china. In2001revised marriage law, it is considered that separation caused by incompatibility which lasts two full years as one of the basis for judgment. Because of the lack of legislation, it’s difficult for judges to judge separation in divorce, the general phenomenon of separation can’t be ruled effectively denied ineffectively. Establish standard of separation becomes the urgent problem.This paper is divided into three parts. In the first part, the author uses three cases educe the disputes and difficulties of separation certification; In the second part, the author talks about the substantive standard of separation in divorce litigation. Though researching the meanings of separation, the reasons and times of separation to analysis the substantive issues of separation; The third section discusses the procedural problems of separation in divorce litigation. Though discussing proof, cross-examination, certification and judgment to analysis the procedural issues of separation. Hopefully, through the analysis and research of specific cases and existing laws, this paper is able to provide some useful reference for improving the marriage and family law and judicial practice.