Research On The Divorce Recognition Standard And The System Perfection

As the basic unit of society,the family is the cornerstone of social stability.The marriage system shoulders the important task of ensuring the harmonious development of family relations,and its importance is self-evident.However,with the development of the economy,the divorce rate in our country has been increasing year by year.At the same time,the voice of "difficulty in divorce" is also increasing.Why does the divorce rate remain high on the one hand,and the voice of "difficulty in divorce" on the other? Which links in the existing divorce system in our country led to this contradiction? This article aims to analyze the relationship between the “high divorce rate” and “difficulty of divorce” and the divorce system in my country by studying the legal divorce situation in China and the specific application of the legal divorce situation in judicial practice.Discuss the limitations of my country’s current statutory standards for divorce determination,and seek solutions suitable for my country’s current stage.The first part of this article discusses the evolution of foreign legal standards for divorce determination and the history of domestic legislation in different periods.It sorts out the focus of disputes on legal divorce determination standards in the academic circles of our country,analyzes the specific reasons for the disputed viewpoints and conducts comments.Finally,through the analysis of domestic and foreign statutory divorce legislation principles or identification standards,the cause and evolution of statutory divorce identification standards are discussed.The second part conducts empirical research on the judicial data published by our country and the judicial cases retrieved from this article.And on the basis of empirical research,systematic statistics and analysis of several issues such as the reasons for divorce proposed in the divorce litigation in our country,the results of the judgment,and the specific application of legal divorce determination standards in judicial practice.Based on the analysis of a large number of empirical data and cases,it reveals the judicial dilemma of “difficulty in divorce” in my country,and points out that my country’s statutory divorce determination standard of “feelings have indeed broken” has obvious “uncertainty” in judicial practice and should be carried out in a legal sense.Balance understanding and balance application in practice.On the basis of the first two parts,the third part analyzes the theoretical and to explore the methods and ways to solve the problems,including but not limited to increasing the statutory divorce examples.,And clearly exemplify the identification criteria of the situation,clarify the rules of proof and the degree of proof,add harsh clauses and clarify the rules of the law,establish a marriage and family court,and improve the separation system.Thus,to a certain extent,increase the certainty of the application of the statutory divorce determination standard,and guarantee the freedom and stability of marriage.