Conflicts And Resolution Of Divorce Standards In Legal Texts And Judicial Practice

In recent years,with economic development,social progress,and people’s awareness of freedom and rights,the divorce rate in China has become quite high and is still rising year by year.The issue of divorce has become a hot issue in society.In our country,divorce can be divided into two types: divorce by agreement and divorce by litigation.The method of divorce by agreement has fewer restrictions on divorce.As long as the couple reaches a divorce agreement,there are no other obstacles.Therefore,the method of divorce by agreement has become the most important divorce method at present,and the number of people choosing divorce by agreement far exceeds the number of lawsuit divorces.However,there is another picture in the way of litigation and divorce.Not only is divorce far less simple than divorce by agreement,it can even be said to be more difficult.Some divorce cases take several years,after two,three or even four prosecutions.It is possible that the final divorce will be successful,which is in sharp contrast to the ease of agreeing to a divorce.China’s current marriage law adopts the form of exemplification to set the standard of divorce in litigation,that is,only when the couple meets the condition that "the relationship is indeed broken" can they get the court’s support."Emotional breakdown standards" did not exist in ancient China.It was discovered by the Communist Party of China through continuous reforms in modern times,and after many evolutions,it was finally established.This standard is not only the product of practicethe,but also product of the development of the times and China’s national conditions.It regulates litigation and divorce with its unique dual role,which not only effectively guarantees the freedom of divorce,but also regulates free divorce,and exerts its elastic properties according to the requirements of different periods.However,through the analysis of many lawsuit divorce cases,it is found that in China’s lawsuit divorce,the application of the emotional break standard is relatively rigid and conservative,which makes it play a full role in restricting random divorce,but weakens its ability to guarantee the freedom of divorce.Function.In this way,the standard of emotional breakdown presents two different logics in legal texts and judicial practice,which conflict with each other.The essence of this conflict is the conflict between the legal text and the application of the law,which is also a topic often discussed in the legal field.This article is to use the lawsuit divorce standard as an entry point to analyze its two different manifestations and operating logics in legal texts and judicial practice,so as to point out the conflicts,and then analyze the causes and results,and try to resolve this conflict.Explore feasible solutions.The full text is more than 40,000 words,including introduction,body text,and conclusion.The introduction points out the topic of the conflict between the application of law and the legal text,and takes the prominent phenomenon of lawsuit divorce as the starting point to summarize the research status of this issue,and further researches on this basis.The text can be divided into four parts.The first part is the standard of emotional breakdown designed in the legal text.First of all,the origin,evolution and establishment of the lawsuit’s divorce standards are sorted out,with the intention of seeking the reasons why they were finally established;then the analysis of their expression in the current legal texts,and the basis of understanding the specific provisions of the legal texts The text designed the logic of this system.The second part is the standard of emotional breakdown identified in judicial practice.Using case analysis,520 related cases were collected,and then typed according to the reasons for the parties’ request for divorce,and then various types of cases were analyzed in detail to summarize the applicable characteristics and logic of litigation divorce standards in judicial practice.The third part is the conflict between legal texts and litigation divorce standards in judicial practice.First of all,it is pointed out that the connotation of the conflict of emotional breakdown standards designed in the legal text and the emotional breakdown standards identified in judicial practice are two different logical expressions of the emotional breakdown standards: the design in the legal text is intended to balance the freedom of divorce and free divorce,In judicial practice,this standard is applied conservatively in order to pursue stable order and efficiency.Second,analyze the causes of the conflict.The design of the law is based on the inheritance and development of previous standards,and takes full account of the current social reality and the attributes of marriage.The reason for the logic of judicial practice is that it is affected by many factors such as traditional thinking and internal systems..Finally,I point out the consequences of this conflict: Not only is it difficult to achieve the pursuit of order,but it is likely to cause many new discords,contrary to the original intention of designing the system in the legal text.The fourth part is the analysis of the conflict resolution plan.On the one hand,based on judicial practice,reform from the perspective of ideology and specific systems;on the other hand,based on the theory of interaction between legal texts and judicial practice,the expressions of legal texts are further improved to better guide judicial practice.effect.The conclusion part summarizes the research of this article and responds to the argument of this article.It summarizes the actual use of two sets of logic and functions in legal texts and judicial practice,points out their significance,and points out unresolved issues.