A Discussion On The Criterions For Judicial Divorce In Our Courts

Our society is a big family which is composed of incalculably small families, so the happiness, harmony and stability of small families will also lead to the stability and the harmonious development of the whole society. But because of the development of society and the blend of eastern and western cultures and other factors affect personal attitudes change, constant changes for material and cultural needs, when people's needs are not satisfied, it will promote the frequent occurrence of divorce cases, people's minds have been liberated especially since China's reform and opening up, the number of divorced people is more than a year, and the proportion of divorce is also increasing, combined with Statistical Bulletin for the Development of Social Services in 2015 which is issued by civil affairs department, the data displays that the national civil affairs department at all level within the marriage registration institution handle together marriage registration numbers to reach twelve million two hundred and twenty-four thousand pairs in accordance with the law, which decreases by 6.3% over the same period last year; the statistics of the same year displays that couples who get a divorce are a total of three million three hundred and eighty-four pairs, which increased by 5.6% over the same period last year.1According to the number of the previous release of the supreme law, in the recent years, cases of marriage and family disputes in China have always maintained a high level of operation with increasing number of divorce cases, by the end of 2015, our courts have heard and closed cases about family disputes and divorce nearly 4 million pieces, as a judge in the court has been engaged in trial of civil and commercial matters several years at the grass roots court, the divorce disputes accounted for nearly 1/5 of all the number of cases which is heard in our court about trial of civil and commercial matters, thus it can be seen that marriage disputes becomes one of the major litigation disputes no matter in the whole country or in which region I am, increasing the number of cases, the difficult applicable law for divorce situation, lack of proof by clients, and difficult to hear such limitations. The standard of judging divorce in our country is whether the relationship between husband and wife is broken. So for the judicial trial, it is very important that how to accurately determine couples' feelings are broken, in order to better to solve this key problem, I analyze the specific situation about the trial of divorce cases by our court from 2013-2015, the reason for divorce applying from the litigant in a case; the process of divorce judgment determined by judge, the criterions be based on, study and summary of conclusion, and analysis of various types of divorce cases and difficulties and confusion encountered in trial of divorce cases by the court, making full use of the law, for hoping to put forward effective solutions, and then on this basis further improving and providing effective measures to solve the problem and some new ideas in the practice to help solve the divorce disputes, to avoid new social contradictions in improper dealing with marriage and family problems.