The Empirical Research On The Rrform Of The Divorce Trial Mode

As the important form of both sexes union, marriage undertakes natural attribute of human reproduction as well as social attribute of interconnecting with other individuals in society, and as the unity of natural attribute and social attribute, the essence of marriage is social attribute. Moreover, marriage is a property system and an activity of redistributing property ownership and allocation. The stability of marital relations concerns both happy life of small family and is closely related with construction of stable social environment. Divorce has two ways, one is the agreement divorce, the two sides reached a consensus on divorce, the two divorce, the two sides have more differences on divorce, can not reach a compromise in private agreement, by the court proceedings of the platform, the division of rights and obligations of the legal act. In our country "marriage law" stipulates as follows: if the feeling has been broken, mediation is invalid, should be granted a divorce. "The relationship between husband and wife" is the legal condition of divorce. The determination of divorce standards is not only the need to protect people who are hurt in marriage, but also to consider the practical needs of society, to provide people with a scientific, correct marriage or divorce point. Based on the empirical research of divorce trial practice in China, this paper tries to analyze the problems in judicial practice and listen to the opinions of the judges and the suggestions on divorce proceedings. At the same time, we put forward the reform ideas of our country’s divorce procedure. In the case of foreign countries, we have to absorb and draw lessons from the specific conditions of our country, strengthen the procedure of mediation, improve the quality of mediation, and combine the relevant provisions of the United Kingdom. According to the standard of the standard of divorce proceedings in China, the specific program design is designed, which is aimed at the situation of the separation of migrant workers in China. And then from the social macro thinking and design of the large scale of the divorce proceedings, the proposed separation system can be implemented. In the last part of our country, we have established the trial field of the family court. Through the observation of the situation and problems of the family court, the successful experience of the domestic law and the common law and the traditional state and common law are compared. Hope that through the process and system of perfection, so as to marriage, divorce, the parties have better interests of maintenance. Divorce is not only a personal problem but also a social problem. From this point of view, although it is impossible to design a divorce procedure that can be applied to all the people, we should take the exploration of better marriage program design as our goal.