Discussion On The Legal Grounds Of The Judgment Of Divorce

The legal reason for the divorce judgment is the core content of divorce judgment system, showing the divorce legislation guiding ideology and the foundation of the system of divorce in purpose, and constituted the decision marriage home and the fate of the boundaries of principle, is run through the whole process of divorce main line, all the lawsuit activity of divorce cases is all around this center operation. The legal reason for divorce judgment directly is applicable to the judicial practice, and provided the marriage relationship between divorce parties guidelines and specification. Chinese current "marriage law" to "couples have indeed broken" as a judgment divorce legal reasons, and lists some specific cases as judging "couples have indeed broken" standards. Although such rules comply with the characteristics of diversity of the divorce cause, which reflects the general abstract and concrete list are the combination of socialism, the legal reason for divorce judgment, to a great extent, gets a scientific definition, have certain advancement and adapted to the development trend of the divorce law in the modern society t. But as time goes on and practice of change and development, the original law of existing problems and defects will increasingly be exposed, the current divorce judgment about the provisions of the legal reason is also so."Feelings" itself is abstract and fuzzy, of strong subjective color and deep confidentiality, make the marriage parties to it often also can sense and can’t talk about, the judge as a stranger is hard to control "feelings have indeed broken" standards, causing to create the law in the judicial process, so that the same case appears different result, making laws lost impartiality and seriousness. Therefore, constantly enriching and perfecting the legal reason about divorce judgment related legislation, to correctly handle divorce dispute, maintaining divorce litigant’s legitimate rights and interests, has important theoretical significance and practical significance. In this paper, for a divorce judgment of legal reason related regulations existing problems, compared to foreign legislation with our country, anglicizing the shortage of divorce judgment legal reason, from the previous research results, combining with the actual conditions of our country, the author puts forward legislative Suggestions of Chinese "marriage law" about divorce judgment legal reason, which could be helpful to the modification of the "marriage law", and which is to provides the beneficial reference in the future. In this paper, beside the preface, text is divided into four parts, a total of more than25000words.The first part is to put forward problem. Through the two cases, it points out that in our country law applicable to divorce proceeding barrier and the reason, and lists some usual practice, which leads to thinking of the current legal provisions of divorce judgment reason, explaining the necessity to perfect.The second part is the foreign legislative cases of investigation and analysis. Through the introduction of the two law systems on the part of the world and Chinese Hong Kong, Taiwan areas on divorce judgment legal reason regulation, analyzing its using of different legislation mode and the advantages and disadvantages of the legislative principles, it is to improve and perfect our country’s legal reason for divorce judgment of reference.The third part is of the divorce judgment legal reason of investigation and analysis. It will introduce about divorce judgment legal reason of development and change in our country, and objectively anal size of Chinese current legal reason to divorce judgment of value and the existing problems, to explore to perfect idea.The fourth part is to perfect suggestions of our legal reason for divorce judgment. Form foreign legislation for reference of advanced experience, and combining the actual situation in our country, the author will put forward to perfect our legal reason for divorce judgment of concrete opinions. Suggesting a "marriages have indeed broken" as a judgment divorce legal reason, and put forward the corresponding system construction.