A Study On The Special Settlement Mechanism Of Divorce Lawsuit In China

With the rapid development of social economy,divorce cases are more and more complex,although in nature,such cases belong to the scope of civil cases,the need to apply civil proceedings,but compared with the general proceedings,there are many Special feature.Divorce litigation is mainly related to the relationship between husband and wife,with the need to split the common property of husband and wife and to determine the minor children's direct dependents and other issues to deal with.Although the civil procedural law of China has made special provisions,but the face of the complexity and diversity of the case,a small amount of simple and special provisions are far from enough.For divorce litigation disputes,must analyze its characteristics,from the overall grasp of the specificity of the mechanism in order to effectively protect the divorce and the interests of minor children in the trial.Based on the legal provisions and judicial practice of divorce litigation in our country,this paper analyzes the different stages of litigation and compares the special provisions of foreign divorce lawsuit and analyzes the special settlement mechanism of divorce litigation dispute in our country.The purpose of this paper is to introduce and analyze the status quo of divorce litigation in our country and to introduce and understand the status quo of divorce litigation in some countries,and to draw attention to divorce litigation and pay attention to divorce litigation disputes in order to protect the spouses Legal rights and interests,safeguard the interests of minor children,properly solve the contradictions and disputes within the family,and promote the establishment of a harmonious society.This article has written four parts.In the first part,the author lists four cases of general civil litigation and divorce cases.By comparing the differences between the cases,it is concluded that the divorce proceedings are special and the solution mechanism is special.In the second part,the author analyzes the divorce litigation in China from the legal provisions of divorce litigation and judicial practice.The third part studies the relevant laws and systems of divorce lawsuit in the United States,Japan and Germany,and understands the special settlement mechanism of divorce litigation disputes.Combined with the first three parts,thefourth part of this article from the value orientation,the contents of the case,the application procedures and supporting the role of China's divorce litigation dispute resolution mechanism of the particularity.