An Empirical Analysis Of The Factors Affecting The First-instance Judgment Of Divorce

Marriage and family as the cell of the society, deeply affects and reflects the control of the whole society and interactive features under the background of constantly changing and developing social.A divorce case as the most important part of marriage and family,is a representative of civil cases,this kind of case is characterized by it’s closely relation to the person or property of the parties as well as the emotional life,also the typical case which the judicial power intervene in private life.At present,Chinese scholars had carry on the various research to divorce proceedings,including through the China "marriage law" and the divorce trial practice to research on the legal reason for divorce proceedings,litigation subject,trial procedure,settlement mode,the judicial system,and the judge’s trial mode,and so on,All of the researches are comprehensive and detailed.Among them,the ruling legal reason for granting a divorce is the core of the divorce problem.However,the whole structure of society and people’s lifestyle and life concept is changing with the rapid development of economic and social,and this change also directly or indirectly affect the divorce trial and trial results.Through analyzed the marriage and family and the related civil cases of the country and the areas,the data found that there is an upward trend in divorce rate in our country,and the highest divorce rate occurred in the northeast areas of China,and the data shows a relatively stable number of judgment and the rising number of mediation and withdrawal in recent years.From the above,I selected the public verdict documents about divorce between 2013 and 2015 of a people’s court in N district,C city,Jilin province(hereinafter referred to the "N" court),summed up some of the salient features of divorce proceedings in this region by the empirical analysis,and through the divorce judgment results of the statistical analysis of the court to summarize the the characters of practice of the "marriage law" by connecting with the local geographical,economic,and cultural characteristics,and drew the following conclusions:first,the several objective factors such as trial procedure,whether had children,whether remarried and whether had the defendantlawyer or agent are obviously correlate with the verdicts of first instance of divorce proceedings in N court.Second,the N court is cautious in dealing with the plaintiff sue divorce appeal for the first time,The mainly focus on the separation problem,while the causes of non-divorce verdicts mainly focus on the family matters,domestic violence,personality and so on.Third,N court has a good practice of "marriage law" and other relevant laws,and the court basically can guarantee the objectivity of the verdicts.According to the empirical analysis results,the N court embodies the litigation justice and social justice in the process of the judgment in divorce proceedings.So we can give the parties advises about how to achieve the purpose of litigation through the characteristics of divorce proceedings.Namely,in order to protect the freedom of parties in marriage,the parties should focus on the divorce cost,evidence consciousness,legal consciousness and so on,Through controlling the divorce cost,strengthen the consciousness of evidence,using legal resources to maintain their own freedom and equal rights.