The Family Judge Understanding Marriage

In recent years,divorce proceedings have risen year by year,and family judges are often caught in the dilemma of treating divorce cases with breaking off with the other or healing from family rifts.At the same time,the society has put forward higher-level demands on the handling of divorce cases properly,which not only require "case closed" and "matter resolved",but also need to realize the use of jurisprudence and true feelings to "treat family diseases" and "solve social worries".When dealing with divorce cases,the judge is not only judicial adjudication based on pure rationality,but also realizes the effect of social governance.These demands promote the development of family judges who "understand marriage ".On the basis of analyzing the short board of evidence and the difficult situation of adjudication in divorce proceedings,from the perspective of marriage and age factors of family judges and the perfection of evidence rules,this paper constructs the relevant theoretical model by controlling variable method,and explores the possible situation of married senior judges,married junior judges,unmarried senior judges and unmarried junior judges dealing with divorce proceedings.Among four situations,married senior judges are the optimal allocation,this type of judge not only has the experience of handling divorce proceedings,but also can deal with the current imperfect rules of evidence in divorce proceedings in China.At the same time,they have rich daily life experience and understand the nature of marriage.All of these can help judges determine whether litigants in divorce proceedings is a wanton divorce and know whether the marriage relationship between the two parties is indeed broken.Then the judges make a diagnosis based on the existing evidence in the case,and they decide to choose "making a clean break from husband and wife" or "operating scalpel" to "heal from family rifts ".Unmarried senior judges and married junior judges have their own advantages.They can complement each other and handle divorce cases properly.Unmarried junior judges are the worst-placed.On the one hand,they lack of rich experience in handing cases.On the other hand,they lack of experience in understanding the nature of marriage.So they can not become the ideal family judges "understanding marriage".On this basis,family trial as a social governance technology,on the one hand,courts should as far as possible arrange married and senior family judges who understand marriage to deal with divorce proceedings.On the other hand,because of the contradiction between many cases and less judges at this stage,it is impossible for both senior and married judges to hear divorce cases,so it is necessary to further reform the traditional evidence rules of divorce proceedings to provide reliable technical support for the realization of family trial governance technology.