Study On The Legal Standard Of Litigious Divorce

The current legislative principle of litigation divorce in our country adopts the principle of rupture,the 32nd of the Marriage Law adopts a combination of general and enumerative methods to stipulate the standards of litigation divorce,confirming that our country adopts the "breaking up of emotion".The academic debate on the"breaking up of emotion "and the" breaking up of marriage relationship" concerning the litigation divorce standards have not stopped.Clause of the 32nd,paragraph 3 of the Marriage Law enumerates situations in which feelings of rupture are determined.It is stipulated that when these circumstances occur,the divorce is decided after mediation is invalid.However,these items are enumerated in a more general manner,and the "co-identification" tends to appear in judicial practice.Different sentences.Taking the court of Y as an example,through the search and analysis of all lawsuits and divorce cases published in the China Judicial Document Network between 2014 and 2016 on October 1,2016,it was found that during the specific trial process,judges tend to favor divorce cases of monotonous lawsuits.The first judgment did not allow divorce.After six months,the litigants again sued for divorce.In the absence of new circumstances,the verdict was generally allowed to divorce;the determination of domestic violence,separation for two years,gambling and drug abuse and other vices that were not revisable was controversial,and the judge criteria for different judges were different.Inconsistent,there is disagreement about the legal understanding of Article 32 of the Marriage Law;the role of mediation has not really taken hold.Suggestions are made on this basis,and on the basis of adhering to the principle of active and absolute disruption,formulate guarantee provisions;take the"discrimination of marital relations"as the litigation divorce standard;correctly understand the legal provisions and strengthen the operability of Article 32 of the Marriage Law;including addition of"cooling down" period of during divorce,and the occurrence of "breakdown" presumed by procedural standards.