Study On The Judicial Judgment Of Second Prosecution In Divorce Proceedings

The inertia thinking of divorce disputes in the judicial department is better handled,and it is the primary cause for new judge's practice.However,the case of divorce disputes is an important part of the court to hear civil cases,and every small family dispute that has been brought to the court can be properly handled so as to lay a foundation for the stability and harmony of the region.This article originated from the perplexity encountered by the author in the three year divorce trial.In the first prosecution,the two parties have not granted the divorce,and the second reprosecution,the court can be the first divorce judgment document as the basis.It may be "as a decision to grant a divorce.However,in the case trial,the judge was concerned about the relationship between husband and wife,how to get along with the two indictment and lack of attention to what efforts have been made to maintain marriage.No clear legal provisions were found when searching for the existing legal norms.Therefore,this paper makes a study on how the rules of the judge's divorce cases,which are generally applied in the trial of two cases of divorce,is studied in the case of the divorce dispute that is heard from 2015 to 2017 of the J City People's court,and the mediation cases(mediation and good,mediating divorce)and judgment cases(quasi cases)are carried out in the people's Court of the city from 2015 to 2017.The data of divorce and divorce are analyzed,and the analysis and comparison of the legal basis applicable to the judgment of the one prosecution and the two prosecution judges is emphatically analyzed,and the reasons for the formation of the two judgment rules in the divorce proceedings are summarized,and the problems in the application of the rules are summarized as follows:first,the standard to grant the divorce is the standard "husband and wife."Emotional breakdown" is a more abstract and difficult standard,and the corresponding legal reasons for enumerating are lagging,which makes the rules of the two divorce proceedings lack the guarantee of the written provisions;the second is the highly generality of the referee standard,which makes the judge have a greater discretion in applying the law,and most deviates from the opposition.Divorce,actively saving the marriage legislation spirit,in the two divorce proceedings in the marital status of the parties lack of attention;third is the restriction of the system design,the court's various consideration mechanism let the judge incapable too much to pay attention to the actual situation of husband and wife's feelings,and simply deal with the divorce cases.The author puts forward some own suggestions to solve these problems,hoping to improve the current two prosecution rules and the new rules of judgment,and reduce the unsettled social unrest caused by improper handling of marital disputes.