A Study On The Standard Of Divorce Proceedings

Nowadays with the increasing of the divorce rate, divorce cases become the most typical cases in court. They have even been accounted for more than half of all the cases in court and have been increasing constantly. Our legal divorce standards is that affection no longer exists. Therefore how to identify the affection is very important to our court. As the couple’s love is a subjective state of mind rather than objective existence, different cases have different results. This requires the judge do a concrete analysis in concrete problems. Besides, with the increasing complexity of the case, the prosecution of divorce has become increasingly diversified. But it mainly to the character, long-term separation, family violence and party affairs. How to make a sentence is worth to research for the court. In addition, there are many conflicts of interests in the case of the trial, Including the right of free divorce and the right to life and health, the law and public order and good morals, the law and reason and the law and the traditional moral. How to balance and choose the two kinds of conflict of interests, entity affects the fairness of judgment.In this paper, I will take the divorce cases in2009-2012four years of the Y District Court of Changsha as an example. First I will make a statistics of the overall situation of the cases including the number of divorce cases, the main reasons to sue for divorce and the identifications and analysis the representative cases to summarize existing problems in the judicial practice of the Y District Court. Meanwhile the specific standards of the breakdown of the feelings and influence factors outside the law are also in discussion. At last,1will summarizes the problems In the process of the trial and put forward proposals to solve the problems which has the theoretical and practical significance. And I hope to make slightly efforts for the trial of the Y District Court.