Analyze Legal Reason Of Judging Divorce In Our Country

Marriage and family are social component cells, the stability of themarriage and family decided to social stability degree.Divorce is removethe marriage law system. Divorce laws of the countries in relation to thethousands of the stability of the society cells.The legal reason of judgingdivorce is the nation’s divorce law is an important part of the system. It isthe embodiment of social divorce thought, which reflects the country fordivorced value tendency. This article discusses the society of China is inturn period, facing years of rising divorce rate with the people of theconcept of the marriage sharp change, China’s legal reason of judgingdivorce if it is accord with the reason for the actual situation of China.The foreword of this text summarized shows that inspired the authorwriting this essay reasons. The full text of the thesis is divided into four chapters. The first chapter is to introduce its meaning, different legislativemodel and legislation value. The second chapter elaborated on China’slegal reason of judging divorce, the evolution of the legislation of legalprovisions and theoretical circles on its controversial.The legal reason ofjudging divorce in our country by1950,1980and2000, three times ofmodified, and established the "emotional breaking" principle. Although thisit has its own advantages, but part of the theory of scholars believe thatshould be in " matrimony breaking " principle to " emotion breaking "principle. Chapter3is to discuss the legal reason of judging divorce for ourcountry in the judicial practice and cause of the problem. In judicialpractice, the legal reason of judging divorce in our country produces theproblem of the judge’s discretion space too much,enotional can bemeasured, evidence difficult and the first divorce difficult. The fourthchapter is the author’s improvement suggestions. The author thinks that, inorder to fully solve the problem of the reason for divorce shall, taking the "marriage can be maintained " principle to replace " emotion breaking "principle. Because " marriage can be maintained " compared to the "emotion breaking " reflect the whole face of the marriage life and essence,reflected the true marriage at this stage in our social status, languageexpression strict, more humane care and the advantages of the operation.At present, our country divorce law cannot be modified, the author thinksthat the legislation and the trial program put to legal reason of judging divorce perfect recommendations. The legislation, from the following threeaspects perfect: appropriate to expand meet its actual situation,set theterms of the protect the weak and perfect our separation terms. In the trial,the author hopes to add marriage and family court or choose experiencedthe judge handle cases and perfect the divorce mediation mechanism.