On The "New Situation, New Reasons" In Divorce Proceedings During The Period Of Prohibition

Article 124(7)of the Civil Procedure Law of the People's Republic of China stipulates that: “No case of verdict and divorce,mediation and good divorce case,judgment or mediation to maintain adoption relationship,there is no new situation or new reason.If the plaintiff sue again within six months,he will not accept it." This provision sets a six-month divorce ban period for the plaintiff's divorce lawsuit,mainly to maintain the stability of the marriage and family relations and the judgment of the referee.The purpose is to prevent the parties from unreasonably harassing their complaints and allow them to examine their marriages in a calm manner in order to save families that have not yet been broken.Starting from this specification,this article empirically examines the phenomenon of different judgments of the same case arising from the “new circumstances,new reasons” identified by the court in judicial practice,thus defining the “new situation and new reason” in the period of prohibition.classification.In particular,from the perspective of the “new evidence” theory,we should type in the evidence used to justify the existence of “new circumstances and new reasons” and identify them;we should proceed from the theoretical perspective of litigation subject and judgment,and pass the second divorce.A comparative analysis of the circumstances and reasons put forward in the litigation and the first divorce proceedings,and a theoretical discussion on whether the “new circumstances,new grounds” reconsideration constitutes a heavy appeal and when the “new situation,new reason” arises.Based on the relevant regulations of Germany,Japan and China's Taiwan region,we put forward relevant suggestions and opinions on the judgments and determinations of "new circumstances and new reasons" in the divorce proceedings during the ban period in China.This article consists of four parts in addition to the introduction and conclusion.The main contents are as follows:The first part is the empirical study of the case.In order to illustrate the different cases of "new circumstances,new reasons" in judicial practice in the second divorce proceedings,the author selected typical cases from the Judicial Document Resource Search Platform andexplained that it was in the divorce proceedings during the period of ban.The "new circumstances,new reasons" that appear are compared with the first grounds.They can be divided into three categories: completely different,identical,partially identical,and partly different.The second part is the problem of the sample case.Through the classification of “new situations and new reasons” in three different situations,the four problems existing in the sample cases are discovered,that is,the identification of “new situations and new reasons” in practice is more confusing and is used to prove How does the evidence of its existence admit and how the court accepts it.The third part is the legal analysis of the problem of the sample case."New circumstances,new reasons" appear in substantive law as the legal grounds for adjudicating divorce.In the procedural law,new evidence is used as the carrier.After sorting it out in the substantive law,the new evidence used to prove the existence of “new circumstances,new reasons” is divided into new discoveries of old evidence,newly generated evidence,and evidence produced by subjective reasons and against these three.How the evidence is adopted for analysis.Under the theory of different litigation objects,the plaintiffs will answer the question of whether to sue the court again for admissibility.Under the theory of res judicata,judge the time when the “new situation and new reason” occurred.The fourth part is the practice of the "new circumstances,new reasons," the proposed recognition and related inspiration.This section puts forward specific recommendations for "new circumstances and new grounds",how the judges adopt the "new evidence" proposed by the plaintiff overdue in the procedure,and its implications for the time scale system of our country's decisive power.A draft for the specific determination of "new circumstances and new reasons" is proposed for reference.