Research On The Confirmation Of Evidence In The Trial Of Divorce Cases

The continuous progress of the economy and the sharp increase in the mobility of the population have caused the constant renewal and change of the concept of marriage,and the concept of marriage and love among the masses of society,especially among the youth groups and the migrant workers groups,has gradually opened up from the tradition,the divorce rate has skyrocketed.When the parties intending to dissolve the marriage can not agree on a series of key issues,such as whether to agree to a divorce,how to divide the property,and who will take care of the children,they have no choice but to resort to judicial decision,to achieve the goal of dissolution of marriage.Since the implementation of the 2021,even if the parties do not dispute the above issues,the setting of the cooling-off period for divorce and the re-application procedure have made the parties who are eager to divorce more willing to choose the way of litigation divorce.Due to the family and internal nature of the marital relationship,the fact of the family disputes such as how to get along with each other,how big the contradiction is,the contribution to the acquisition of property and the raising of children can not be known to the judges before the case is handled.The evidence submitted by the parties becomes the only basis for the judge to hear the case,and the truth of the law confirmed by the evidence becomes the factual basis of the decision.However,due to the parties low level of legal literacy,the judge’s judicial capacity needs to be improved,and the lack of evidence-based legislation exists objectively in judicial practice,so that the parties can submit the limited number of evidence,the type of evidence is single,lack of evidence for the proof of facts is not enough.At the same time,the judge finds that the problems of inconsistent rules of evidence application,insufficient reasoning in the evidence process,untimeliness and non-disclosure are common in divorce cases,it has also led to the occurrence of different decisions in the same type of divorce cases and the disparity in the determination of divorce,which has seriously affected the authority of the judiciary and the public trust of the society,all need to make up for the lack of evidence in divorce proceedings,clear the specific rules of evidence identification,standardize the identification of various evidence.The rules of evidence identification in divorce cases are scattered in a number of legal documents,such as the civil procedure of the People’s Republic of China(hereinafter referred to as "the civil procedure law"),the interpretation of the Supreme People’s Court on the application of & Lt;the Civil Procedure & GT;of the People’s Republic of China(hereinafter referred to as "the interpretation of the civil procedure law"),and the provisions of the Supreme People&’s Court on evidence in civil proceedings(hereinafter referred to as "the evidence provisions"),the content is extensive,extensive,difficult to adapt to the practice of the subtle circumstances,judicial practice often have difficulties.The author is constrained by the difficult problem of the confirmation of evidence in the divorce case,and thinks more about how to solve the perplexity of the confirmation of evidence in his work,the hope is to find a scientifically sound,Operability path of evidence.In this paper,the author combines his own theoretical knowledge with judicial cases,on the one hand,from the perspective of legal theory and legal provisions,this paper discusses the concept,pattern,elements,rules and standards of evidence identification in divorce cases,and expands the understanding of evidence identification On the other hand,by collecting and sorting out the typical cases of divorce cases and judgment documents on the Internet in Shanghe County courts,this paper analyzes the current situation,existing problems and restrictive factors of the identification of evidence,which are often encountered in judicial practice,on the basis of this,this paper further analyzes the evidential capacity and evidential strength of various kinds of common evidence in divorce cases,and then draws some opinions on the cognizance of evidence in divorce cases.This article mainly discusses from the following four parts:the first part elaborates the basic theory of the confirmation of evidence in divorce cases,elaborates the author’s understanding of the concept,characteristics and necessity of the confirmation of evidence in divorce cases.The second part analyzes the judicial bottleneck of the confirmation of evidence in divorce proceedings in China,focusing on the prominent problems in the confirmation of evidence in divorce cases,the causes of the problems and the restricted factors,in order to have the pertinence analysis countermeasure and the solution question suggestion in the following text.The third part is the train of thought about the confirmation of evidence in the hearing of divorce cases.By expounding the judicial idea,the concept and scope of evidence,and the evaluation factors of evidence identification in the hearing of divorce cases,the train of thought of evidence identification in the hearing of divorce cases is straightened out,this paper sums up the understanding of the steps and examination angles of the identification of evidence in divorce cases in China.The fourth part of the trial of divorce cases to improve the identification of evidence.From the application of theory to judicial practice,to deepen the understanding of the identification of evidence in divorce cases,from exerting the judge&’s initiative to guide and cooperate with the parties to give evidence and cross-examine,to improve the rules and standards of identification of evidence,this paper expounds the examination and determination procedure and the expression way of the legal evidence type,and advances some opinions and suggestions on how to perfect the concrete rules of the evidence determination and the proof standard in the divorce cases.