"Social responsibility and judgment skills" marriage case seminar

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    [Wu Tianyue (Haikou Center): (a), in recent years, China's divorce rate continues to rise, has reached about 20%, more than Japan and South Korea, and Singapore are Asian countries with high divorce rate. According to the Ministry of civil affairs "2005 civil affairs development statistical report" shows, since 2002, China divorce rate has been rising trend. 2005 divorcing of 1785000, increased 120000 over the previous year, including: civil affairs departments to register 1184000 to court divorce, divorce 601000; the same year the national marriage registration for 8231000. 2005 year from marriage, the ratio is 21.69:100, and the ratio in 1980 is only 4.75:1001997 years for 13:100.

   (two), this phenomenon is caused by the reason that the course or situation, and with the development of the times, people's concept of marriage and family have changed, but some defects existing in the system level or biased, but also all relationship. For example, the new "Marriage Registration Ordinance" 2003 year in October 1st since the implementation of the application review period, divorce mediation period, has been canceled, no longer need to units issued proof divorce formalities, no longer need to mediation, only the parties to coordinate property, child problems can be handled, in line with the conditions of the day can be handled, only need to pay 10 yuan fee, a marriage that ended. The simplification of formalities after divorce is more convenient, to a certain extent, contributed to the hasty divorce phenomenon.

   (three), "the family is the cell of society", so a lot of "cell" bursting on the social health adversely sure. A high divorce rate brings about a series of social problems, fears, does not meet the requirements of building a socialist harmonious society. How to change this situation, to curb the rising divorce rate, is a common problem faced in the current legislation and law enforcement. In our judicial practice department, I think, in marriage cases, strengthen the social responsibility consciousness free reasonable properly, to divorce, and we must adhere to the correct justice.

   We know, divorce freedom is our "marriage law" principle, truly free divorce reflects social progress and social civilization degree, no fault divorce which developed the freedom of divorce law > < marriage establishment degree, reflect the real freedom of divorce, is our trial must be ideal adhere to. However, freedom is relative freedom of divorce, the same principles.

   First of all, justice, oriented legal decisions must be necessary restraint on the freedom of divorce. The marriage law on the freedom of divorce and advocate people to form a healthy lifestyle and civilized and harmonious family atmosphere, against feudal ethics idea and traditional habits, the struggle against bourgeois liberalization and corrupt, greedy to enjoy the extremist ideas of erosion. Irresponsible to pursue the freedom of divorce, violate the fundamental purpose of the freedom of divorce. Should be allowed to divorce, only those marriage in essence divorced.

   Secondly.The civil law attribute of the marriage law, divorce freedom is in the basic principles of civil law, under the framework of the basic spirit of freedom, is the relative freedom of divorce. The freedom of divorce must abide by the law principles and policies of the state, must respect the social morality, shall not violate the principle of public order and good customs. As for the realistic cases, where a strong economic strength, and has A a, B a, C a marriage, but married students are girls, in order to achieve the purpose of the birth of a son, he has successively with A a, B a divorce, after divorce they raise and a daughter he students the. Now he had filed a divorce with his wife C, think again and she married a son. This freedom of divorce laws should be how to adjust? Apparently, he's behavior is the freedom of divorce in the name of evasion of law, violation of national policy and the social public morality, violation of the principle of public order and good customs. This is not a marriage law pursues the freedom of divorce, but the abuse of the freedom of divorce. This kind of behavior must be appropriate limits, is in line with the provisions of the marriage law the legislative intent of the freedom of divorce.

   Once again, the relative freedom of divorce is also reflected in the marriage law of its own constraints. The attribute of marriage law is a private law nature, but between marriage and the family subject is different from the general market economy benefit value operation rules, personal attachment relationship, strong ethical relationship between family members, legal responsibility and moral obligation is particularly prominent, so the marriage law has a strong "public law", social function security function. The marriage law stipulates the marriage and divorce must through certain procedures, law thirty-third, article thirty-fourth on the freedom of divorce to appropriate limits and the necessary adjustment; for our nation peoples living customs and historical and cultural traditions are different, the fiftieth marriage law of ethnic autonomous areas marriage and family law makes regulations allow flexible. which embodies the freedom of divorce, regional, special relativity.

   On the other hand, the social nature of marriage and family, requires us to grasp and understand the principle of freedom of divorce when, stressed that the dynamic balance of the individual and society, divorce freedom and development level and social affordability, strengthen the social responsibility and social responsibility of individuals, to strengthen family economic functions and educational functions and in to maintain social stability, promote social progress and development in an important role. Is still in the primary stage of socialism in our country, the economic foundation is still comparatively weak, family economic functions and educational functions is the basic unit of national economic development, is the core of social stability, the freedom of divorce can not be divorced from the specific conditions in China, the freedom of divorce and the socialist primary stage with the level of economic development.

   (four), the trial practice in marriage cases, should adhere to dialectical materialism, accurately grasp the principle of freedom of divorce: one is to create a good social atmosphere and conditions, to maximize meet individual members of society, from the basic human rights safeguard divorce, couples that have been broken, not because of one party has fault and No. On the other hand, want to set out actually from the primary stage of socialism in China, play the law "the regulator of social relations" role, try to maintain the relationship of marriage and family stability and harmony, the current especially emphasize the sense of social responsibility, on the freedom of divorce appropriate reasonable limits, strict examination of the request for divorce, prevent hasty. This is our trial must adhere to the correct idea of justice.

   Specific marriage and trial, the principle of freedom of divorce, the following points should be grasped: (1), divorce for couples that have been broken, free and good potential as the basic premise, this is decided by the nature of the essence of socialist marriage and family. (2), divorce aims to bury its dead marriage, in order to lift both physical and mental pain, but should not because of divorce and causing party aggravated pain or cause a new spiritual torture. (3), the freedom of divorce is the embodiment of social justice, should not because of divorce and cause the plight of a unique, should not because of divorce caused by other members of the family trauma mental harm. (4), the freedom of divorce reflects the progress of the society, not because of divorce damage caused by social custom. (5), restricting the freedom of divorce is still influenced by social economic basis, our country is in and will be in the primary stage of socialism, the specific national conditions and historical culture cannot be separated from the freedom of divorce. (6), marriage means the union of love and social responsibility, family responsibility, divorce should also reflect the bust and the family responsibility, social responsibility, love the bear, should not be missing because of divorce caused by family and social responsibility. [09:29:24]  

   [Chen Cong (Yuxi Center)]: a case of social responsibility, marriage

   In the aspects of social responsibility, although China has formed by the constitution as the basis, take the civil law, marriage law as the main body, including other administrative regulations and local regulations, marriage and family law system, however, because marriage is a social form of gender relations and blood relationship, to hear this kind of cases, also need to cooperate with other aspects of society.

   (a) the administrative law enforcement environment. At present, the marriage management functions are not fully play, in addition to marriage, divorce two links in the register file, the problems of marriage and family counseling, management, supervision and basically is a blank. Our city has jurisdiction over 8 counties and 1 districts, there are 3 ethnic minority Autonomous County, in addition to the Yi, Hani, Dai, Hui, Bai, Miao, Mongolia, Lahu and other ethnic minorities living in the Han nationality, accounted for 32% of the total population, mostly local ethnic traditional marriage customs, marriage law although set the legal age for marriage, but the publicity is not in place, while the lack of appropriate sanctions measures, so as to conceal age, illegal registration situation exists. In addition, due to the marriage registration office is located in the county, for the remote mountainous areas of the poorest families, registration required to spend the cost they often become the obstacle, leading to the phenomenon of unmarried cohabitation is more outstanding.

   (two) the rural residence and the right to land contractual management problems. The city has a population of about 2080000, among them, the agricultural population 1710000, accounting for 82% of the total population, at present, in addition to ethnic minority areas, including the suburban district of Yuxi city with developed economy, rural women's lawful rights and interests are infringed, mainly reflected in the residence and the right to the contracted management of land on the two issues. Once a woman to marry outside the village, the village in the account is not moved, but the corresponding treatment and the right to the contracted management of land will be cancelled automatically, at the same time, except for some areas, most of the women can not move into the accounts of his house, which became the "empty households live up to one's name". Once divorce, the basic conditions for these women lost the right to the contracted management of land in this life. So, in the case of divorce, women needed to solve the account and segmentation of the right to land contractual management is more and more outstanding, but because the household registration problems in the management of public security organs, while the contractor and relates to the employer as groups of villagers, and divorce are two different legal relationship. These two problems can not be settled in a divorce case, the views of the parties is relatively large.

   (three) the social assistance of family violence. The marriage law stipulates stop family violence is a public security organ and the relevant departments, statutory duties. In judicial practice, because of the popularity of legal aid is not enough, the enthusiasm of the public security, judicial departments of the problem of domestic violence intervention is not high, and some community of women rights center because of the lack of authoritative support and special funds, is unable to provide the necessary protection for the victims, causes the difficulties of proof, the litigant request not court support.

   (four) the judgement and execution of visitation right dispute. The marriage law was amended, increased provisions of visitation rights. In recent years, our hospital trial involving the upbringing of children in divorce cases, clear requirements of the visitation right accounted for a large proportion, generally by consultation between the two sides, but, in the negotiations fail circumstances, need to cooperate with the school, community and other relevant departments, the children understand the specific living environment and living conditions in order to make a practical, judgment, for later execution. 

   Two, the marriage case trial skills

   In the trial skills, as the case of marriage is a high incidence of malignant transformation, there is wide, fast, several problems of special civil dispute, therefore, processing requirements to master the techniques and methods of certain, not only pay attention to the surface settlement, but also pay attention to the deep effect. In view of the special nature of marriage cases, our hospital has made some improvements in the trial mode, mainly in the following points:

   (a) value mediation, conciliation intensify efforts. The mediation agreement between the parties reached on the basis of mutual understanding and accommodation to the mediation, case closed, the automatic discharge more possibilities than judgment, can quickly and thoroughly solve the disputes, resolve contradictions. Considering the particularity of the marriage cases involving personal feelings and psychological factors, my courtyard in the current trial marriage family case has basically formed a mediation as the dominant mode of civil trial, reasonable and timely, grooming, and achieved good results.

   (two) by a female judge collegiate bench trial, go specialization road. Because the marriage cases mostly relates to child custody issues, therefore, a Division I school people play has 14 people, half of them women advantage, make full use of their innate affinity in the trial work, easy sharpening on some contradictory cases play a female judge advantages, easier communication with clients, and to stress emotional soothing female parties and minors, so in the case of marriage and family cases in our hospital were as far as possible, by female judges the collegiate bench, the formation of professional judgment.
 
   (three) to improve the rate of holding, contact the parties. Marriage the parties are in the life difficult period, so, as a judge, not only need to hear, more need to listen, to distinguish the truth, make the right decision. Case of marriage I court rate ranks first in total for various cases, traffic inconvenience, contact not to hold a hearing, also need to overcome difficulties, find the parties and listened to their opinions.

   (four) the fast fast knot, to shorten the processing cycle. Most divorced women face the children how to take care of problems and economic difficulties, therefore, our attention to the protection of the rights of women and children matrimonial cases, to shorten the cycle, so as to conclude, enter the implementation procedure.

   (five) case reasoning. After trying a case, the reasons and basis for the interpretation of legal provisions to the party served when the adjudication document, if the parties do not understand and find the court again, received by the presiding judge, presiding judge not, by a collegial panel to receive and explain the content of other judges, to facilitate the parties appeal.

   Every marriage relation is a complex system, in this system, relates to the citizen's personal right, property right, thereby affecting the whole social order, therefore, trial marriage cases, the relevant departments need social support, also need a trial judge to make painstaking efforts, both to emphasize the legal effect, but also the pursuit of social effects, to achieve an organic unity of both, to ensure that the legitimate rights and interests of citizens in marriage and family to protect.

   [generation Zhengwei (Pengzhou City Court)]: analytical marriage cases judge judicial skill inheritance

   One, the family and the society constitute the entire world, family composition of natural person is inevitable, the family is the cell of society. Visible, the family is very important in the whole world in the role, a harmonious family is the foundation of harmonious society. On the grass-roots court, accounting for 80% of the cases of marriage and family type cases, and the case of marriage and marriage and family cases accounted for 80%, that is to say, most of the cases the grass-roots courts are marriage cases. For the judges, judges are mostly engaged in marriage and the trial of the case, they have a rich trial experience. Among them, the judge by studying law while the trial skills, also have the judge between generations of judicial skill. Some judges in case of marriage without appeal, some judges in case of marriage are mediation, truly a victory and defeat are clothes, effectively resolve family conflicts, the court has played a really social contradictions and the role of shock absorber. Marriage and family law cases clear, the facts of the case and the trial, the direction is clear, the case processing is relatively simple, but it contains the rich handling skills. Author to the grass-roots court judge perspective, summarizes the basic judge marriage cases inheritance trial experience (specific provisions of non legal) as the keynote, peep marriage family case skills, and ask colleagues enlighten.

   Why don't the parties divorce -- retort. For ordinary civil cases, the judge in the trial before the main legal relationship between these cases, familiar with relevant laws and regulations, a clear direction of the corresponding trial. The divorce case, the judge first is to ascertain the cause of marriage divorce, so that the judges have become their "friends" (understand their situation, become the object of their talk), clearly the next step of the work. People are social people, all social relations are likely to be the cause of divorce, family violence, the cultural differences, the differences in personality, hobbies differences both men are superior to women, mind, third party intervention, not harmonious relationship with both parents, one or both of the habit, the reason or a physiologically, conflicts occurred due to family economic issues, disputes arising from the household division, due to problems to raise and educate their children's contradiction and so on. Some parties in order to avoid social public opinion, make accord with marriage morality and legal grounds for divorce, the real motives for their violation of morality of marriage and the legal standard hide. If some people in improving the economic or social status, suspected his wife is not beautiful, to find another, then excuse the other character is not good, or not to support their parents. In view of this, the judge should not trust the statements of the parties concerned, to multiple channels to understand, why don't divorce retort is single or multidimensional; is the reason why couples itself, or external reasons, or a mixture of reason. The surface reasons so as to identify the divorce and the deep reasons, determine the work, effectively change the attitude of the parties.

   The parties -- psychological hole. Law is a social science, the judge is the work of ideological education, through the behavior of the parties, Dong Xi psychological, is the basis of judge handle marriage cases, but also judge art manifestation, can win the respect of the parties. Psychological although belongs to the scope of the spirit, not material that can be directly visible, tangible, but it can be expressed by language and behavior of the parties, the latter is visible, audible, and psychological activities through certain ways, methods and ways to measure. The divorce parties psychological, is shown in the subjective state of mind at the time of divorce. The reasons for divorce parties based on different, showing different mentality. The mind is the judge in distinguishing the divorce reason, pray for the purpose, which requires the judges cave. The real idea, provides the reference for the judges have a definite object in view. To sum up the state of mind mainly have the following several kinds:
  
   1, as a means to divorce, seek reconciliation steps. Many reasons for divorce, or if there is a conflict between the parties, the two sides failed to timely communication, divorce opinion has made friends, colleagues know that both husband and wife divorce, but divorce is not the real psychological, form both sides lost phenomenon, the parties face thought based on the divorce proceedings, which requires the judge give the Party A under the ladder steps, and facilitating the reconciliation.

   2, as a means of education to divorce, the other party. The party is not the true idea of divorce, divorce one party knows the other side to divorce, but some can not resolve family conflicts and communication. As for the parents of maintenance problems, the woman often interference or unwilling to the support of their parents, the man under the rogue, put forward a divorce to scare each other. Therefore, this kind of case of divorce is not the principal contradiction, and support the parents, change the maintenance concept is the key contradiction. Also, some of the gambling, excessive drinking, but the woman is not really want to divorce, they just want to through the court man to man education, get rid of bad habits.

   3, the marriage leave, but both for children. The couple for a variety of reasons, feeling of husband and wife is broken, but the child is very cute, like children, are unwilling to give up the task of raising children, the parties to a dispute. This requires the judge according to the actual situation, to determine the direction of the marriage.

   4, the marriage leave, both sides not children. The couple have to divorce family children education because of convenient, or inconvenience, has become a liability to the family, both husband and wife divorce when they are unwilling to have children, divorce litigation to proceed.

   5, in order to fight child name, and the essence is to contend for property. Some parties have the other party to child psychology, with each other for the child, to coerce each other, forcing the other to make concessions on the property and other aspects, so as to achieve the purpose for the property.

   6, hate couples status, eager to divorce,. The parties want to divorce, one is the contradiction between the two sides for a long time, the wife of hate, want fast relief; on the other hand, a party may be because the third, eager to be with the combination of the third, want to get divorced, some unable to hold oneself back.

   7, avoid common debt, couples to divorce. Husband and wife for some reason, owe a huge debt, both sides in order to circumvent the law, of the genus conjugal debt agreement shall be borne by the party, but only to a small amount of property, in order to achieve through legal ways to evade debts.

   8, migrant women, and left behind a man different mentality. With the improvement of productivity, a large number of surplus rural labor force, rural households backward area to change the economic situation of the family, have to go out to work. Some of the woman's one person to work in the cities, due to changes in the environment, conditions change, some women are fickle, want to use marriage springboard to city or conditions in the home life, weave their dreams of the future. They make good grounds for divorce, the husband and children, change the current life. Behind the family economy is very difficult, very not easy to marry a wife, they know that the economic crisis, after the divorce will be lifelong not marry, must bear the burden of the upbringing of children, and leave a bad reputation, they also knew his wife heart has become husband and wife, and only in time to torture. Therefore, they would rather do cease to exist except in name of husband and wife, also do not want to divorce. At the same time, such a marriage is the most easily angered the man, the intensification of the contradictions, from the evolution of marriage cases into criminal cases.

   The biggest trust -- get the parties. The court is the judicial organ, does not mean that the courts administer the law is stiff, cold, does not mean that the judge's verdict machine manufacturing. The court in constructing the function as a regulator of social contradictions in a harmonious society, we need to social conflicts are settled through the trial, should not take the contradiction reduction to the society, and even generate new social contradictions. The judge on the medium role in quelling the divorce disputes, precondition judge to play a good role is to obtain the trust of the parties. In practice, some parties are very grateful to the judge; some one or both parties are not satisfied with the judge, the judge judges even complaints, not only failed to calm the situation, but the contradiction to his. In addition to the party's own reasons, mainly judges and parties did not set up a trust "platform". To obtain the trust of the parties, in addition to strengthen self-cultivation, rich trial experience, enhance the personal charm and charisma, work should also pay attention to the working methods of communication. A judge should have affinity. Parties because of marital distress to the court proceedings, as a judge should put themselves in a correct position, understand the pain, do not think that the judge is the "official", the parties are there for me. To put down the shelf, respect for the parties, judges appear affinity. The two is to listen to the parties declare. The parties to the court in divorce proceedings, in a sense is a last ditch, the judges as they can open a recipe for doctors to give long, listen to their symptoms (divorce) statement, is to their maximum comfort, but also the foundation of building trust. The three is to guide the. Some parties are of low quality, many parties involved is the first procedure, which requires the timely guidance, so that they understand the judge in his shoes. Against the weaker partner in the marriage should be more focus on guiding, believe that the court will deal with their marriage disputes; the parties will be at the court, especially that the court will give them a divorce, the court particularly disgusted with the parties, but also to guide them, made it clear that the marriage status is not caused by both sides of the court for the case of marriage, the court is to alleviate or eliminate the contradiction between the two sides, avoid the parties and the court have the opposite. Four is the occupation background knowledge of the parties. We say, is the elite of the society, not only have rich law knowledge, but also have extensive trial experience, know the culture background. Investigation shows: culture as an important aspect of a person's comprehensive quality, general cultural level is higher in high quality, processing problems more endowed with reason. The education level and the divorce rate is inversely proportional to the higher cultural level, namely people divorce less. The survey also shows: divorce and practitioners have certain relations, different people different divorce rate. The general trend is more divorce, self-employed households and businesses; a party without a fixed occupation people divorce than a fixed occupation people divorce; enterprise staff more than the staff of state organs; divorce migrant workers and farmers in the crowd a lot. From the income, middle income or no income of the highest divorce rate, more divorce high income people, the divorce rate is less is less income population. The judge in the face of culture quality and occupation different divorce population, need judge to taste taste, plain simple, with different culture of different occupation, people have a common language, can almost use language media and guide the parties, the judge not to divorce cases and only say divorce thing, show the side judge humanized. In short, through them, move, Enwei and fertilizer way, so that the parties to the court, the judge trust, so as to realize regardless of whether the court to meet the party's appeal, the parties have no objection, can accept the decision of the court.

   -- about the trial of oral language. Language is the medium of communication. Some people say that marriage cases involving womanishly fussy thing, the tongue is most, which relates to the oral language skills, language skills will play a multiplier effect. One is to be easy to understand, the accurate expression. The use of oral language and the marriage parties exchange aims to let the parties understand, hear, understand the meaning. This requires the judges clearly, precise, correct pronunciation, intonation, moderate. According to the different audience groups can be taken Putonghua, or local language, avoid using jargon, but the judge know language requirements. Two is a clear thinking, logic. The spoken language expression, to logic, clear, step by step. To seize the key, the key to this case, core. Three is the appropriate wording, the proper language. In the trial practice shows, oral expression, often due to inappropriate wording, or loss of mood, will cause the mood of the opposition, the party was the loss of a neutral stance, extreme dissatisfaction with the judges. Four is the grave, persuade through reasoning. The judge on behalf of the state to exercise jurisdiction, trial marriage case is different from the trial of criminal cases of serious, also should reflect the people's court authority, seriousness of the court. Therefore, the judge should according to the different participants in the proceedings, with the court this special situation, select the appropriate intonation, persuade through reasoning.

   The marriage -- expected social effect. The law is generally lags behind the social phenomenon, but the implementation of the law makers, the judicial regulation to lead the party, can produce the expected legal effect. Especially in the divorce divorce rate increased to a great extent, the rise of the single parent household, children living without landing or even commit crimes, has become a major social problem today, consider the marriage the social effects, guide the parties to establish a correct concept of marriage, is the social responsibility, is also one of the judicial skills.

   The divorced from the types, main illegal crime influence their feelings, such as bigamy, an affair, package kept woman, family violence and other evils; extreme individualism, money worship carnalism, looked up, destroy the family's stability; moral responsibility, endanger family health. family harmony is the base of social harmony, to the process of building a harmonious society, we must strengthen the harmonious family. In the trial marriage disputes, often face up moral choice, value choice and reasonable. In law and affection, law and morality, the spirit of the law and the socialist concept of honor and disgrace conflict, in the face of mechanical laws, not indiscriminate application of the law, should be to promote the noble moral sentiment as the yardstick, creative application of the law, should give full consideration to the role, through the trial work to maintain the healthy and stable noble marriage and family relationship. one is to properly handling property and children in divorce cases. Two is to strengthen the legal aid on the relationship of the vulnerable. Three is the establishment of marriage can explore transition period. To divorce cases do not pursue fast - fast closing, make full use of the time in the statutory within time limit to dissolve the party conflict, so that the parties in the emotional stability, rational thinking of divorce or not.

   Golgi once said: "know a job skills, also is to the work itself. In general, in the field of labor and creation, skill is a basic power of cultural development, is an important force in the whole process of culture, we can see many, read many, also can imagine something, but to do, must have the ability, and the only research skills get". This paper illustrates the Golgi the importance of skill, relationship skills and ability, the importance and necessity to study and master the skills. Skill is a basic power of culture growth, therefore, trial skills should also be part of the court culture, and with the changes of times and rich and colorful.

   [Chen Xianjiang (Qingdao City Intermediate People's court)]: as a senior judges must be tried in two cases, one is the criminal case, a marriage and family cases. I would add petition cases. I first talk about family matters of social responsibility, it first involves two kinds of relationship: one is the identity relation, two property relationship. Secondly, from the society as the solution to see, one is involved in property, including movable and immovable property; the two is the right of reputation relates to a public hearing or not a public hearing; three is the right to life , like judge Chen Cong talked about the problem of land; four is the right of privacy; five is the visitation right etc.. I think the right distribution from the marriage cases come up and see a dozen, is of great social significance, as the judges should have a strong sense of social responsibility. On the second trial skills, traditional culture of harmony China detesting lawsuit, kiss, master of ceremonies, in Chinese this special cultural background, we should adopt the diversified manner in court trial marriage cases, we then in trial marriage cases invited women do ginseng together for the family and, once again, we have established the women's Court (marriage the family court composed of all married women judges), finally, improve the mechanism of trial marriage.

    [Wang Manxia (Chongqing Yuzhong District Court)]: fully functional trial and judgment skills, carefully hears a case of divorce

   I come from the Yuzhong District Court of Chongqing City, as a grass-roots court for 20 years, the struggle in the trial of the post 12 years I can have the honor, and we study and discuss the social responsibility and judgment skills related to the trial of cases of marriage today, I cherish. Some experience below I 12 years trial of divorce cases to you the following report, please criticize,.

   As a municipality directly under the central government, the main urban areas, our hospital accepted within the scope of the divorce case is relatively more, especially in the new "marriage registration regulations", the couple incompatibility, such as divorce mediation, basically are directly to the civil affairs departments to register a divorce, but really to divorce court, most of them are contradiction is intensified, each other can not reach an agreement, only to the court. And with the development of economy, people's living standards continue to improve, lead to divorce factor is no longer a simple character or to each other.

   From early 2004 to 2006 6 at the end, I has concluded 203 divorce cases, the judgments of 76, accounting for 37.44% of the total, 45 rejected the claim, accounting for 22.17% of the total, ruling allowed 31 divorce, accounting for 15.27% of the total, 121 pieces of mediation, accounting for 59.61% of the total, 59 pieces of divorce mediation, accounting for 29.06% of the total, 62 pieces of mediation and the withdrawal of the suit, accounting for 30.54% of the total. In the case of different cases in a divorce case, I pay attention to every case different case, full attention before the court or court mediation work, first understand the prosecution's psychological activities, for those who filed for divorce just to warn the spouse to change their bad habits, attention to family, caring for children, I will tie the defendant in the trial of the ideological work, Daniel, move, use transposition thinking method to remind both husband and wife stand each other's position, for the sake of each other, this method has very good effect. As I heard with old marriage divorce case, the prosecution Yu Mou (male) and the defendant Peng (female) married 82 years of free love, marriage, birth of a child (adult). Both sides can each other in previous months of hard work, in recent years, aged, the dispute between each other, quarrel constantly, the man and woman in two years ago with discord and move out to rent to live alone, left leg has disability, walking inconvenience of his wife at home, life is not it. So we made a special trip to the notice of hearing her husband home, in our mediation, both sides are aware of each other's strengths and their own wrong, feel the old with valuable, both sides finally handle words and. And if in the trial of middle-aged couples divorce case, the man Lu had two times to divorce to the court, and the woman had a thought that man is because of the relationship with you in the job was to take care of the tax system, the conditions are now good, would break her heart, so she can't balance, resolute don't agree to divorce, he first filed for divorce after withdrawal, second prosecution divorce, because the man had beaten the behavior, the court dismissed the petition for divorce. After Lu third Sue divorce, trial, Lu face told the court his crime of abuse wives, resolutely refused to pay the fee and payment daughter more than their income support payments, and the woman insisted that the man had third outside, asked the man to pay compensation money, both sides the sharp contradiction irreconcilable, but this time the man has third person is just a guess, in order to make the two sides of the conflict will no longer be intensified, I take the cooling method, first the case will be put down, though he repeatedly urged, and proposed to everywhere to reflect, I still wait until the two sides. Decreased. During this period, their little daughter and get some music awards. The third session, the mood was very excited, but through her agent to do the work, I took the opportunity to carry out family influence on man, think that his wife to go to the hospital with a sick daughter back when the helpless, imposing seven as man couldn't help tears, finally relented, agreed the terms, which is full of the smell of gunpowder divorce case, ultimately to divorce mediation settled.

   Of course, not every case can be mediation. In the trial of a case, I adhere to the "to mediate, when the adjudication, mediation and judgment, mediation of concepts and guidelines to conclude the case". In the trial together because of love and marriage in divorce cases, the woman surnamed Wang and bigger than oneself 20 years old man Zhang married, married six months the two sides dispute and separation, the woman returned to Chongqing, but this time the man to Chongqing not to see the woman, then the radical way, published "wife found advertising" in various media, and called her the money. Already want to good Wang to see in the advertising, the spirit of being a great stimulation, and thus often medication. In the trial, Zhang said and Wang Mouyou feelings, broken Wang unilaterally cause feelings, resolute don't agree to divorce. According to the basis of marriage and the marriage of love, I feel their feelings that have been reached breaking point, so the decisive decision allowed Wang and Zhang divorce.
For many years of trial experience makes me feel, the marriage case can not put it as simply ordinary civil cases to handle. It not only solve the feelings of both parties, but also solve the problem of children with property. A single look divorce case is a family problem, actually otherwise. In civil cases, divorce cases accounted for a large proportion of the number of divorce cases, and also the most complex, and most easily lead to a kind of case social instability factors. If not handled properly or improperly, can easily lead to new conflicts and disputes.

   The family is the basic unit of society, the increasing divorce means that the instability of the family, family instability can lead to social disorder. thus, divorce is no longer a personal problem, but a social. Facing the process and results of biological parents divorced, the children especially young children psychological damage caused by the inevitable. Therefore, as the grass-roots court judge in the trial of civil cases, each a divorce case, we should attach great importance to the parties to the mediation of divorce cases. Even if the mediation work more often than the decision of energy and time to many, but in order to create a harmonious, stable social environment, I am willing to pay more.

   [Tan Shaomu (Nanchang quadrangle)]: Problems and Countermeasures in the case trial marriage

   Judicial interpretations promulgated in 2001 after the new marriage law and the Supreme People's court, the people's court to correct the marriage and family disputes mediation played an important role, but there are also some legal issues.

   First, the common property provisions are not specific, resulting in difficult to determine

   At present the common property of the couple from the previous simple money and physical development to the bill, equity, real estate, commercial entities, insurance benefits, contract (lease) management rights, intellectual property rights, intellectual investment. And the joint property of husband and wife diversified. However, the new marriage law on these issues, the provisions are too principle, the judicial interpretations are not clear enough, did not cover the new problems in social life. The principle of the legal provisions, has been unable to meet the needs of family trial marriage disputes, the court applied difficultly, objectively make the joint property of husband and wife can not correctly, timely recognition and segmentation.

   Second, the parties at the time of divorce false debt, the court judgment difficult. The new marriage law the forty-seventh regulation, when the divorce party forges debts in an attempt to seize the property of the other party, in the division of the couple's joint property, to forge debts of a party, can be less or none. But the court in the trial of this case can be accurately identified and dealt with in accordance with the law is relatively rare.

   Third, the scope and the way of realization of visitation right no definition, hard to execute the arbitration ruling. Visitation right in the new marriage law of content is not clear, the parties do not assist relatives, the exercise of the visit right to supervise, visit the rejected the visit and so on, resulting in the decision of the court enforcement.

   Fourth, the provisions of spouse right is not perfect, the no fault party claims to. In fact, in a court in divorce cases, about 70% cases of one party or both parties refer to each other "an affair", ask for compensation. However, due to lack of evidence, the court investigation after less than 3% can attest, universality, but this does not cover the affair even extramarital cohabitation phenomenon. But what circumstances constitute "the law is not clearly defined cohabitation" and others.

   In fifth cases, the emergence of new situations, the application of law to. The implementation of the new marriage law, the parties to the other sexual abuse behavior by the requirements applicable to the new marriage law claim increased. Because of these circumstances related to personal privacy, and the parties in the behavior is difficult to collect and fixed evidence, plus the new marriage law and judicial explanation, no clear provisions, so most of the time the court often insufficient evidence or lack of legal basis shall not be recognized and processed, the aggrieved party great views.
 
   Sixth, the low rate of divorce damages compensation cases. 2002 - 2005, Nanchang City courts of first instance divorce case 12125, the party put forward a divorce damages of 61 pieces, the court recognized the existence of "marriage law" forty-sixth article of the cases and judgment on compensation of 4 pieces, the compensation rate is 6.6%. The amount of compensation for a minimum of 2000 yuan, the highest 15000 yuan.

   The existence of marriage cases in question, is the universal problem of China's civil trial activities, which requires us to judge not only mechanical application of the law in the process of exercising jurisdiction, surface settlement of disputes as their occupation target, but should pay more attention to their own judgment may bring about various social consequences, to maximize the trial behavior appropriate promotes the social economic benefit, social benefit and moral interests, give full play to the guiding role of responsibility judgment behavior. In order to ensure that the new marriage law, the full implementation of the right, we should strengthen the work of the following aspects:

   One is the suggestions to improve the legislation, in order to eliminate the obstacles on the applicable law. The new marriage law because the legislative lack the advanced prediction in practical application, after the legal gaps can hardly be avoided. In this regard, we must keep pace with the times, constantly improve and strengthen legislation, in order to minimize blind legal regulation. In order to maintain the stability in a certain period of time, a pressing matter of the moment is to some legislation covers less than or used up operational provisions of the poor, by the Supreme Court in the form of judicial interpretation to be perfect. Found from Nanchang court and some brothers courts in the situation, we suggest to efforts in the following aspects: 1, according to the development of the socialist market economy, composition, scope, principle of separation of the joint property of husband and wife are expanded interpretation further, that can provide basis for the operation of the court trial similar problems. 2, the nature of the right to visit, scope, implementation, supervision, standard method, time, location to make clear and standardized, in order to reduce disputes. Processing method of 3, on the common property of husband and wife to stock, equity, license incomplete housing property to make the standard. 4, the scientific community engagement and living standards. 5, the extramarital cohabitation caused the other party damages the nature, magnitude, to establish the standard. 6, the nature of the marital relationship continues to exist a party are "allergic" behavior, whether to constitute the legal conditions of divorce, and whether the damage compensation elements defined as soon as possible.

   Two is the correct understanding of the new marriage law legislation spirit, bold use of legal principle of judgment. With the in-depth development of China's expanding opening up and the market economy, new problems emerge in an endless stream of marriage and family disputes, legislation lags behind the situation will exist for a long time, therefore, we can not stick in the mud, until there are clear provisions of the law to make, but in the case of trial marriage family law, no provision or provisions shall not clear problem, as long as the spirit of the legislation, the court can handle, it should be the basic principle according to the new marriage law determined, or other civil legal standard processing principle, processing with fair, reasonable style bold, in order to safeguard social stability and unity.

   Three is to strengthen investigation and research, actively explore the effective method of solving family dispute. Principled provisions on some new marriage law, but the implementation and execution of difficult cases, the people's court in the trial to proceed from the actual situation, concrete analysis of concrete problems, creatively put forward the effective method to solve the concrete case.

   Four is to strengthen the professional guidance to the marriage and family dispute case, the problems in law enforcement to ensure correct, unified enforcement. The people's court at a higher level to strengthen the lower courts, especially the business guidance to dispute the basic people's court trial marriage family, regular in-depth grass-roots level, to discuss problems of basic level people's court applies the new marriage law, the guidance, the law officer to deepen understanding of the law, and constantly improve the quality and efficiency of the trial.

   Five is to strengthen the new marriage law publicity and popularization efforts, reduce the occurrence of violation of law of marriage phenomenon. The people's court in the trial of cases of marriage and family disputes, we should adhere to the case, and with the help of the media, to carry out extensive publicity on some typical cases, to enhance people's awareness of law, advocate good morals, and to encourage people to correctly handle the before marriage and after marriage property, preservation of evidence, to safeguard their own legitimate rights and interests, prevent and reduce the occurrence of conflicts.

   Six is for the case of divorce damages difficult to put to the proof fact, suggested that the court in the trial of such cases, the evidence provided by the parties and the license for clues, "rules of evidence" of seventeenth in the 1 paragraph 3 the provisions of item, by the court to investigate and collect evidence. The courts at all levels especially in the court of first instance should be implemented as soon as possible to the Supreme People's court "explain" the implementation of the thirtieth, the text made to inform the parties "marriage law" article forty-sixth of the relevant rights and obligations, in the divorce cases at the same time, to be served on both parties in divorce cases.

  [money Yanglu (Wuhu City Intermediate Court vice president)]: mediation skills in the use of marriage family cases

   At present is being in the social transition period, various social contradictions of multiple and complex, litigation as a last resort to resolve conflicts and disputes, judicial settlement of the difficult, improper handling can intensify the contradiction, so we in the trial process, particularly in the case of marriage and family dispute cases, should attach great importance to litigation mediation, the corruption trial and education and guidance in combination, to use feelings, reason, method to resolve contradictions, focus on marriage and family cases mediation rate, to conclude the case, no sequelae, give full play to the people's court resolving disputes, resolve conflicts, role in social stability. In the trial practice, the trial judge appropriate use of mediation skills, and continuously improve the ability to mediate, to properly handle the marriage family case is particularly important.

   A trial will be fully prepared to work, communicate with the parties, to win the trust of the parties.

   Win, win the trust of the parties refers to. "The people cannot stand without the letter," the trial the letter first, respect for the parties, listening to their voices, is the foundation to win the trust. The judge feelings always close to the people all the requirements, sincerely for the people. To do this, the judge should be pay attention to your behavior: first is the affinity. Authority is not apathy, neutral does not mean lonely. Focus, followed by the grave. A judge should have scholars demeanor, the way one gets along with people to be dignified dignified, politely. Third is the reason. The judge should be good at regulating, controlling their emotions, maintain and peaceful state of mind. Fourth is the cautious. During the judicial process, to use the enthusiasm, specification, accurate, civilized language, randomness and tendency to avoid behavior. The judge behavior correctly, can make the parties keep calm, to create a harmonious atmosphere. Win the trust of the parties on the basis of the party, strengthen the ideological. According to the different specific cases, the judge in the trial procedure we must first understand the party's ideological status, the focus of controversy, cases, careful analysis of difficult conflict causes, to make ideological and mediation work plan, a plan step by step, and then release the difficulty to solution dispute, finally to clear the thought to solve the problem, the purpose of.

   The two is in the process of mediation, to give the parties full Chen Shuquan and express their emotion space, in order to ease in conflict of marriage both parties intense emotion. Conflict mitigation, to promote the rational dialogue and negotiation. A function of procedure is to eliminate the role of tension, provide the occasion and a special free discussion, communication. Using the program, the judge can arrange the party has to listen to each other "statement" and "debate, avoid" ". To get it off one's chest, grievances in the appropriate relief, the vast majority of the parties are able to actively cooperate with the trial, even calmly and peacefully on the mediation program. The judge presiding over the mediation, or even give up the rest time, overtime, given enough time, so that the two sides were able to get it off one's chest hearts of grievances, and centered on both sides in the conflict fault of one party or both parties put forward relevant comments and suggestions, to eliminate barriers, understanding, and guide the two sides "think back and forth to oneself", "thinking" think of all the happiness that much before love, warmth of the harmonious relationship between husband and wife, "want to" let the parties aware of divorced family difficulties may be encountered and may give children hurt. So there are many, because both sides on the spur of the moment but still read and family parties through mediation and reach a couple and mediation. In addition to mediation, but also pay attention to the use of around the family, family members or their relatives to assist the court to do the mediation work, play to the family effect feeling moved both parties.

   Third in the production or to the mediation agreement, to help the parties to choose mediation scheme is optimal in law or judicial interpretation within the framework, to achieve "win-win". Preferred, is to help the parties preferred mediation program. The judge in the party mediation organizations, may be appropriate to use their years of practical experience as well as to the laws and regulations of the familiar, in balancing the interests of all parties, based on the consideration of many aspects, according to the actual situation of the parties to help them on the division of property, children to handle multiple sets of mediation programs in research, distinguish the pros and cons, merit based selection. Especially in the property disposition mediation in the wording, grasp the content integrity, word accuracy, expressing the normative requirements, to facilitate the implementation of understanding and possible future.

   [Liu Qun (Yuelu court)]: Fellow Deputies: first of all, thanks to the Supreme People's court "Chinese trial" news magazine for giving us the opportunity, judicial practice and legal theory research hot dialysis can together with the superior court leadership and brother court Comrades sat discussing social responsibility and judgment skills about marriage trials., feel very honored, I am engaged in civil trial work for 7 years, in the face of all the leaders, experts and predecessors, I might be a new recruits, so today can't in this absurd talk about theory, just want to be myself this a few years in the trial practice some feeling to you with a brief report.

   Marriage family case accepting court in civil cases accounted for 1/4, the reason is very simple, marriage and bringing up a family, the family is the cell of society, the legal relationship of marriage and family in directly affects everyone in the whole society, can be said that the marriage and family law relationship is a legal relationship is the most basic and most important civil legal relationship in the. At the same time, case of marriage is not only a civil case in court in the main event, but also the legal provisions, judicial practice in the application of judicial interpretation and judicial philosophy updating a case quickly, as early as in the early days of the Republic, the constitution has not yet developed, it has introduced China's first marriage law, so far, China has announced two marriage law, marriage law in 1950 to abolish the feudal marriage and family system, establishing a new democratic marriage and family system, and in 1980 marriage law has established the socialist marriage and family system in China in 2001, and the 1980 marriage law conducted a large-scale changes, then, the court according to the revised Marriage Law of two judicial interpretations of the marriage law, the changes in turn the world upside down, the invalid marriage, revocable marriage, visitation, faithful duty of husband and wife, the property notarization before marriage, premarital property and the joint property of husband and wife is strictly defined and differentiated, matrimonial property agreement system, compensation system and so on a series of the new marriage and family system, but also will divorce conditions, the children independent standard of life, husband and wife Both sides of the common property of the equal right of disposal and the common right in rem, special type of property (such as equity, revenue, resettlement compensation fees) segmentation principle as well as the housing division method and principle for a more detailed provisions, the marriage law amendment to the marriage law is so large, large-scale publicity in addition to the news media amendment to the marriage act, the new problems encountered the trial of new types of cases, marriage and family practice increased suddenly, as a civil judge, I feel be taken by surprise. For example, the amendment of marriage law has just released, our hospital accepted one of marital damage compensation cases, when the Supreme Court judicial interpretation has not issued in accordance with the notice of the Supreme Court of Hunan Province, we are trying to accept, after the case is accepted, we were considering how to enforce a judgment, the marital damage compensation effect and will produce what kind of social effect, but the court to make the corresponding judicial interpretation, to solve this problem, the request for damages provisions can only be put forward at the time of divorce, is that the court no longer accept marital action for damages.

   The revision is conforming to the social development results, the revised Marriage Law, as a civil judge does not adapt in the trial practice, so I had to sit down and reflection, defects, reflect on their own idea and skills through reflection, I realize that, in order to improve their own trial skills, so that we the trial to achieve better social effect.

   First, to strengthen the marriage and family system theory of learning at all times and in all countries, the marriage and family system understanding, expand the trial's own ideas, update the idea, the legislative spirit modified marriage law to a deeper level of understanding and the marriage law, can in the trial practice more legal use of accurate solution. Understanding and using for example encountered legal standard for most of divorce in the trial of divorce cases, the revised Marriage Law and summarizes the experiences and lessons of other countries marriage legislation, the list is combined with the general way, a revision of the marriage law of the more specific, with a stronger operability, but the error is more prone to understand, because the list is added on the basis of the original judgment of divorce standard on the content, more likely to cause the attention, some people think that if a party does not agree to divorce, only exist in several cases the provisions of the marriage law, to divorce, so mechanical applied law of marriage thirty-second, not too much to consider the specific circumstances of each form of marriage, so we have the Party decisions are not allowed to divorce in receiving the judgment to kill in the situation, I think this is a deviation, understanding of the law here, I want to dare to talk a little bit about personal view, I think as the judges should be used with caution "judge not from", our court has a unwritten trial idea, is the first to sue for divorce, as long as they do not agree to a Like sentence does not leave, this is China's long-term "rather demolition of a temple, the influence of traditional ideas do not break a marriage" results, but now it seems this concept not necessarily produce better social effect, because now the people of marriage and family are more rational, but also the feelings the quality and the quality of life, no longer willing to some objective reasons and make do with live, even if is not allowed to divorce court, final composite is not much, because in my hearing in a divorce case, I have discovered more and more two prosecution, in fact I think marriage is maintained by force the law, to achieve the good social effect, because feelings appear the fissure of husband and wife to live together, easy to make the intensification of contradictions, the family harmony and social stability is bad, even if the promising bet gas or other reasons and hasty divorce, I think that a competent adults pay for their irrational behavior might be.

   Secondly, to improve the marriage cases trial skills, but also through a variety of ways to understand the society, to understand the people's life and thought patterns, only familiar with their living environment and way of thinking, to an in-depth understanding of their different ideas, so that you can better communicate with them. Due to the continuous progress of society, people's concept of marriage and family is changing, people are no longer satisfied with the home life, people pay more and more attention to the high quality of life and personality, and marriage and family relations in the form of increased, with the Ding Ke family, has a full-time wife, family men and women, have AA couples, marriage property notarization, there appears the marital property system and so on fresh term, between husband and wife to produce contradiction is also increasing, we use what we stick to the traditional concept of marriage and family cases, not only difficult to persuade the parties to reach a mediation agreement, and made the decision to get the parties to understand, so they take sentence appeal however, the ultimate goal is to solve the disputes of civil cases, the best way to solve disputes is to urge the parties to the mediation, especially for divorce cases, according to the law is to read the mediation program, in fact marriage cases through mediation way, regardless of the child's mental health, to family harmony or social harmony will play a better role, to do a job with skill and ease in the mediation process, must with when It has the good communication, such as a full-time wife, in the face of marriage crisis, it agreed to divorce conditions often economy requires surprisingly high, in order to promote mediation, must let her down condition, let her mind a little more realistic, then if we first taught her to self-improvement, self-reliance, she would say: "you pour is easier said than done, as you so secure job is so easy to find." This time, we need to do first is to understand that thought of her, and tells her she must more practical requirements more easily be met.

   Once again, I think we need to improve the marriage case trial level, we should also have some knowledge in various aspects, such as the housing market prices, shares of the company's operation mode, enterprise financial system, and even physiological medical disease knowledge, psychology knowledge, knowledge and so on, because the family is the basic cell of the society, may involve into all aspects of social life, as the saying goes: you can say it again, I can't find fault clearing house chores, but at least you should break a be fair and reasonable, seek to understand. In fact, as a judge, for marriage and family cases, not only in using the law to solve social and family disputes, but also for their own spiritual baptism, so that we in the understanding and treatment of others family conflicts in raising awareness of family harmony plays the role of agency, and enhance their sense of social responsibility and the family sense of responsibility.

   China's marriage law amendment has been for 5 years, the marriage law changes drastically, from general to specific provisions have changed a lot, in the people's response is also far more than before the amendment of the marriage law, the provisions of compensation for damage of new provisions concerned about hot issues are faithful duty of husband and wife the new general and specific provisions of the difficult problems for them, and frequently encountered in judicial practice is to affirm the standard of divorce judging understanding and application as well as the joint property of husband and wife and segmentation.

   First, we talk about the hot issues of concern and related judicial practice problems. The first is about the faithful duty of husband and wife. The amendment of marriage law will be between husband and wife should be loyal to each other, mutual respect set down as a law, is the moral socialist marriage and family law in force form gives effective protection, embodies the Constitution on the strengthening of the construction of socialist spiritual civilization spirit, is China's marriage law in the basic principles of a large bright spot, but violate the faithful duty of husband and wife is actionable and became the focus of controversy, the revised Marriage Law by the Supreme People's court, several issues concerning the application of the marriage law explain (a) the provisions of article third, the parties to the marriage law only fourth as the basis for prosecution, shall not be accepted, marriage law fourth contains provisions, is faithful duty of husband and wife. So far, some people write articles, the marriage law stipulates the faithful duty of husband and wife, but also in the form of judicial interpretation rejected it can be actionable, judicial interpretation and legal conflict? In the judicial practice process, we can only make the following explanations for the parties, the marriage law on the breach of duty of loyalty couples behavior is not without remedy, for example, a person who has a spouse living together with others behavior, please ask the parties in divorce proceedings for damages. But a person who has a spouse living together with others behavior can be said to be a serious violation of marital duty of loyalty behavior, but in real life in violation of marital duty of loyalty behavior is much more than a form of cohabitation, so in the course of our hears a case of divorce, the party held a number of other of violating the faithful duty of husband and wife evidence however, according to the marriage law forty-sixth, also is behind us, had to say about damages provisions is a list of form, even fallback provisions are not, we cannot carry on legal sanctions against a spouse cohabitation outside of the husband and wife in violation of duty of loyalty behavior, the judgment on us is not understanding.
 
   Second is about the system of compensation for damage. The marriage law stipulates clearly that the forty-sixth had any of the following circumstances, lead to divorce, the innocent party shall be entitled to claim damages: (a) bigamy; (two) a person who has a spouse living together with others; (three) the implementation of domestic violence; (four) abuse, abandonment of family members. Law to enumerate the form of regulations on the party may request for damages in divorce cases in the judicial practice, the maneuverability is strong, there are only two standard is difficult to grasp, one is to confirm the standard of domestic violence is more difficult to grasp, although the Supreme People's Court on several issues method suitable marriage explanation (a the first domestic violence) will be defined as "behavior, bound by beating, mutilation, forced restriction of personal freedom or other means, to the family members of the body, spirit, causing some damage consequences", also rules "persistent, recurrent family violence, constitutes maltreatment." From the judicial interpretation is very easy to understand, once beaten can constitute the family violence, but we all know, quarrels between husband and wife thing is very normal thing, but the couple of noisy place, is often difficult to distinguish the two sides who is right and who is wrong, but because of differences in the physical. Between husband and wife, if the occurrence of slapstick, often lose is the woman, and we ask the cause and process of the condemned man shall bear the liability for damages, it is difficult to let the parties affected, and may produce adverse social impact; two is to give the compensation amount of standard is difficult to grasp, in the end to what standard to judge the amount of payment, we put forward the two difficulties, we are in the trial practice because judges in the legal and judicial interpretation of the provisions of the understanding is not a verdict, which differ in thousands of ways, we a court, ten judges a tribunal of a people the same fact may make many decisions completely different this chaotic situation, there may be serious damage law and the court, will enable us in the explanation of any party will inevitably. There is a problem, provisions on compensation system in marriage law adopted the wording is to harm "family members" constitute the family violence, so to the husband outside the family members caused by violence, and how to get relief in the area of civil law?

   Secondly, we want to talk about our marriage cases in trial practice difficult problem. The first is the understanding and application of the standard of divorce judging, the revised Marriage Law provisions of the divorce standard of judgment in the thirty-second article, in the two paragraph is "a party of men and women for a divorce, the organizations concerned may carry out mediation or directly to the people's court for divorce litigation" and "people's court a divorce case, shall conduct mediation, such as emotions that have been broken, the mediation fails, divorce shall be granted." On the basis, added a new paragraph third "in any of the following circumstances, the mediation fails, divorce shall be granted if: (a) bigamy or a person who has a spouse living together with others; (two) the implementation of family violence or maltreatment, abandonment of family members; (three) there is gambling, drug abuse often teach not to change; (four) separation for no love two years; (five) other cases causing the breakdown of marriage"; Fourth "one party is declared missing, the other party put forward a divorce proceedings, divorce shall be granted." For the new fourth paragraph is well understood, the application process does not produce any difference, but the new provisions in the third paragraph, to understand the problems in the judicial practice of many, there are: 1, fourth paragraph and third paragraph, from the body of case law perspective, two money is tied, that is to say we can apply the second paragraph in the judicial practice: the breakdown of marriage mediation fails to divorce, can also apply to the third paragraph, only appeared on the legal situation of the parties shall be judgment of divorce, which makes every judge in the court to grant or not grant at the time of divorce by use of different standard, the right of discretion of the judge is given full play, but the court judgment of divorce standard is not unified, inevitably cause client criticism; 2, paragraph second stated as: such as emotions that have been broken, the mediation fails, divorce shall be granted; and section third of the expression for: any of the following circumstances, the mediation fails, divorce shall be granted; then it can be understood as the third paragraph of the situation, even if no feelings burst can be granted a divorce, it is Not always with the marriage law of our country has established the judgment of divorce to "actual feelings break" is the principle of the spirit of conflict? 3, on the separation of confirmation, to live? Housing housing? Residential sub bed? To confirm, or to the sexual life between husband and wife as the judgment standard, because the hearing process in a divorce case, the parties separated statements of fact usually have differences, we are unable to verify, more difficult to determine, for example a case we have encountered, the woman because of unbearable his suspicion and questioning from home every day out of, can be identified as separate, but in the hotel open room Xiaoju both sides from time to time, how to judge their behavior?
 
   The second is to confirm the joint property of husband and wife. We often encounter the problems in judicial practice: the distinction between the 1, premarital personal property and the marriage of common property. The first problem is to confirm the nature of premarital cohabitation period property, because now the conjugal phenomenon has become a common phenomenon, and some even living together for many years, accumulated a large amount of money and property, and the two sides no cohabitation during the vesting of property of corresponding stipulations and notarization, the division of property in divorce gave us a problem, a kind of viewpoint thinks, premarital cohabitation itself is not protected by law, so more premarital cohabitation period property shall not be the joint property of husband and wife identified, solve, by the husband and wife to court no matter; another view is that cohabitation before marriage so that the two sides have formed a common fact of life at least, that formed the theory of civil law are common, so it should be identified as the joint property of husband and wife shall be divided. In fact, in any of the two views of a sentence will have certain deviation, according to the first point of judgment, is bound to some disputes to the parties themselves, if not no other remedy under the settlement, it is likely to cause conflicts; according to the second kinds of views judgment, there may be trouble in the identification of common debts, in accordance with the law now, may cause the disjunction property and debts of the parties, resulting in real property not equal, but also makes the marriage all with their own income to maintain the common life of one of the parties feel extreme psychological imbalance before marriage, because after all, there is no statutory obligation. As often encountered second problems is party premarital property generated in marriage fruits or value-added part of nature, in this issue, with a view to the property interests or added after operation as the standard to judge, and to share and deposit as an example to illustrate, that stock to be after speculation will produce value-added, and the deposit is a natural habitat, so the value of the stock should be recognized as common property, and deposit interest can not be identified as the joint property of husband and wife, this point of view certainly has some truth, but in the trial practice situations we encounter will be much more complex, for example, together we have trial divorce in the case, both sides an operating vehicle segmentation under dispute, the fact is that, the man ran a taxi, in the marriage, the couple will be the car sold 50000 yuan and the price of 80000 yuan to buy a new taxi, at the time of divorce, both sides agreed that the existing taxi residual value is 90000 yuan, the claim shall be 50000 yuan will be the confirmation for the premarital personal property, balance of segmentation, the woman is married to buy that car, should be Marriage is the joint property of husband and wife, even if a man has invested 50000 yuan of personal property, but also has the vehicle loss and depreciation do not exist on the property, how to identify, we discuss the process produced the wide differences of opinion in the case, but eventually the parties reached a mediation agreement, if the mediation fails, it should be in the end how to identify and segmentation is a difficult problem.

   [Yu Zhan (Yuelu District court jury)]: I am a teacher of the Hunan University, is a juror of the court in Yuelu, thank you very much for giving me this opportunity to attend this seminar, to practice before the jury is not very good, now I do for the Yuelu Court on behalf of the sixty jurors to attend this the meeting, to talk about my understanding of the subject. Zhuze Mao once said of the marriage law of universal equivalent of the constitution, the law of marriage and my words are not limited to the relationship between husband and wife, also relates to children, alimony, hierarchy, because I am a teacher, before I met when the jury cases tend to only consider the interests of a party, but since the I when the jury after I felt that the judge is not easy, I remember a America judge said that judges essence is a wise solitary, yes, should adopt multi-channel way in dealing with marriage cases, just the Qingdao intermediate people's court director Chen talk to women's diversification to solution, I that is very good. In addition, Chen Cong the president mentioned visitation rights issue, this issue is more outstanding, especially grandparents want to see my grandchildren and pass the guardians (parents) to agree, in this aspect of our legislation is not perfect, our laws should be humane, legal is dead and the judge is alive so, I think whatever, the judge in the trial of cases, from the essence, the substantive law, starting from the spirit of the law, the legal doctrine about the rights prescribed by law is the right, not the provisions of the law from the perspective of humanity should also maintain some rights to speak. Only the social justice perceptions, respect public order and good customs, play the advantage of mediation, the court finally realize the harmonious, harmonious society, harmonious family.

   [in the synagogue (deputy director of the Xinjiang high court research laboratory)]: enhance the sense of social responsibility to improve the trial skills
　　　　
   Case of marriage has quite large proportion in civil cases. On the national level, each year in more than 1200000 cases, accounting for about 30% of the civil case; in Xinjiang, from 2003 to 2005, 37060 cases accepted the marriage were 36475 and 36635, accounting for 1/4 of first instance civil case, number of cases after contract disputes. Marriage is the foundation of the family, the family is the cell of society. Marriage and family problems related to social harmony and stability. Therefore, with a good trial skills to deal with family matters, do a good job of judicial protection for the component of harmonious society, has become an important social responsibility of the people's courts and judges have.

   (two) to prevent and reduce crime duty. In practice, illegal and criminal cases caused by contradictions and disputes, marriage or family not in the minority: or divorce Dutch act, or because of divorce damage and even kill each other, or because they cannot divorce property, children meet the requirements and the implementation of domestic violence, or children of divorced families because of the lack of discipline and the implementation of criminal acts. Data show that: China's female crimes 50% because of unbearable domestic violence and embark on the road of crime. Many cases the resulting produced serious negative influence to the society. This also means the marriage and family disputes if handled improperly, it implies the possibility of causing crime. Especially some impetuous blowout party, once the results and has adverse, easy to blame the other party, children and even judges and society, and the implementation of some illegal behavior. Therefore, from this level of speaking, marriage family case is not a case of isolated, simple referees, it dealt with the family "cells" issues are often triggered by illegal crime and the social impact of "healthy body". So, in the case of digestion of marriage family cases in opposition, to prevent the intensification of contradictions, to maximize the prevention and reduction of crime phenomenon caused by marriage and family disputes, has become an important social responsibility of judges.

   (three) to protect the interests of the weak duties. Thousands of years of feudal concepts of marriage and family inheritance, the marriage and family relationship in China women and children are often in a weak position, they often become a "kept woman", domestic violence, bigamy, cohabitation, abandoned concubinage abuse victims. Vulnerable groups tend to need more judicial relief, and their capacity to action and is often the weakest. According to statistics, about 60% of divorce involving underage children, more than 70% of divorced women and underage children falling living standards. "Marriage law" revised also fully embodies the value orientation to protect vulnerable groups. In the current rural and city social security system is not perfect, the social resources are not sufficient to support too many vulnerable groups case, the judicial remedy to protect vulnerable groups is particularly important. Therefore, in the process of trial marriage family cases, the judge plays focus on establishing new ethics, new fashion, the protection of women, minors and the interests of the weak responsibility. If the interest is not the judicial relief, also can cause many social problems, affect the long-term social stability.

   Two, about the marriage case trial skills

   (a) using an art: the trial of psychological art. Here mainly refers to the judge should grasp the inner party activities into formation in the litigation process and the psychological characteristics of personality, such as seeking psychological, psychological, mental, for justice to help psychology. And guidance, persuasion and education according to the psychological characteristics of the mental art trial, defense method analysis, make the trial more humane, alleviate the opposition parties, to lay the foundation for resolving conflicts.

(two) to hold a standard: the breakdown of marriage. Today's world has a profound understanding to the legitimate marriage, stable family for the importance of social support, marital stability has become a trend in the world, thus to begin a more rigorous investigation of marriage really "irreversible", or contradiction is really "irreconcilable". Therefore, the trial marriage cases, especially in accordance with the "marriage law" article thirty-second (five) for the discretion of the judge, should fully understand, accurately grasp the "alienation of mutual affection" the divorce standard: one is the marriage has broken down, not to be broken or may rupture, it is a objective facts not presumption; two is the feeling of husband and wife really broken, both sides can't live together, rather than temporary, false affection phenomenon; three is a complete rupture of feeling of husband and wife, husband and wife disputes rather than short or have not been completely broken.

   (three) adhere to a principle: opposition to wanton divorce. Freedom of divorce is a certain conditions, its freedom is relative. The conflict between temporary divorce, no question of principle of divorce, divorce, family disputes, not emotional breakdown, should be based on full do ideological work on not granting a divorce. At the same time, also should avoid to reason is justified as whether to grant the divorce basis, there is no common life foundation shall grant a divorce.

 (four) handle a relationship between mediation and judgment. Mediation is the precondition of the trial of divorce cases. The judge should base the grounds for divorce and emotional changes, in a comprehensive understanding of marriage and marriage parties based on feelings is broken, timely application of judicial psychological art of enthusiasm, sincerity, patience mediation. It is affection cannot mediation and good, timely render a judgment, not only can't not knot, also not be hasty decision.

   (five) do a good job: guidance and persuasion. The trial marriage case is actually a ideological persuasion process. Stress should be placed on the erring party work, make it known fault, cherish the feelings of husband and wife. At the same time pay attention to the relatives there work, by opposition to ease the relatives of the relationship between husband and wife and good sense to promote. When necessary, should also pay attention to play the role of grass-roots mediation organization, by them at the court of persuasion persuasion, its effect is often better. Even if the mediation fails, to prevent conflicts and crime prevention lead can also play a positive role.

   (six) the pursuit of a unification: the unification of legal effect and social effect. This is not only a trial skills, more of an idea of judicial justice is an important problem. The duty of a judge and wisdom is the two organic unity. The case of marriage will often lead to many social problems, the need to judge both the legal and social effect based on humanistic care, in the pursuit of legal effect, obtain the form rationality at the same time, the proper attention to the social effects of judicial judgment, to respond to needs of the substantive rationality of social life. Because, as long as we do not deny the justice of social responsibility and the political responsibility, must pay close attention to the trial work and people's moral emotion is consistent.

   [Wang Qian (Fuzhou Center)]: type, and characteristics of the Taiwan related marriage cases problems
                                                             
   With the economic and cultural exchanges between Fujian and Taiwan, cooperation and exchanges become increasingly frequent, the city of Fuzhou because of its special geographical location and human relations, in recent years, Taiwan related marriage multiplied, two level court Taiwan divorce cases has increased year by year the situation.

   The relevant issues concerning the trial of Taiwan related marriage cases in our city in recent years is analysed as follows:

   Type 1, Taiwan related marriage cases. The "wage type". Continental side residents, in order to be able to Taiwan to work, through the intermediary matchmaking, pay several million dollars "service fee", married and Taiwan compatriots. The commercialization of this kind of marriage is quite obvious, the two sides did not marry the real intention, married just for convenience, one can go to the Taiwan area workers earn money. The "immigration type". The party with the Taiwan area a marriage as a springboard, achieve the purpose of going abroad. The "type of vanity". "This kind of marriage married women in Taiwan" is more than the male "marry station". There are many mainland female vanity, covet wealth, hence many age too large "their marriage", "flash marriage know time is very short". ④ "loss type". Some mainland woman in a hurry to get married, to visit or not to find larger and imagine the situation difference. Some because of their personality, culture and customs as well as the age difference, some have married for a party failed to obtain the right of residence in Taiwan, not in employment, long separated husband and wife, leading to marriage breakdown. The "Pianhun type". The handful of bad Taiwan area parties and "marriage hold in the palm" collusion, the marriage registration system operating on some loopholes, wantonly Pianhun, bigamy, ill-gotten gains from fleece.

   Characteristics of 2, Taiwan related marriage cases. The utility. A lot of marriage is not for love, but on the utilitarian, driven by money, material benefits, the marriage based on difference. The men of. Both sides of Taiwan related marriage the parties to the marriage, only for a specific motivation or purpose. ③ blindness. Both sides of Taiwan related marriage parties of marriage are understanding in marriage did not contact, not even met, only through telephone or photo engagement. The transient. Married most of the time is short, and the divorce.

   3, the current trial of divorce cases in Taiwan problems.

   There exist three Taiwan divorce cases: namely, to hard evidence is difficult, difficult to implement

   The first is served to lengthen the time, resulting in litigation, increases the cost of litigation. In Taiwan a parties, because some of the long-term, party and not live together, disconnection, not know his whereabouts, because without the exact address cannot be directly served by post. Some in Taiwan is a party to litigation, court documents relevant to the mail, refuse to accept. The service document, without registration receipt or less back a signed receipt, led to the relevant legal documents cannot be directly served by post. Therefore, in practice, most of them use the service by public announcement and the default judgment. According to statistics, the city related cases using the way of closing the default judgment is higher than 80%. At the same time the case from the notice served by the indictment to the end of the trial, the nearly two years time, which greatly increases the cost of litigation and litigation burden. In addition, according to the "PRC Civil Procedure Law" sixty-second article: "the divorce case of an agent ad litem, except those incapable of expressing themselves, still should be in court; it can not appear in court because of special circumstances, should submit written opinions to the people's court." Served in the trial of divorce cases by notice served by the way, it only solves a procedure, legal affairs to handle attached to human relations, such as the dissolution of the marriage relationship has not been able to get the entity to meet.

   The second is difficult to obtain evidence, one cannot guarantee the legitimate rights and interests. According to the "rules of evidence who advocates who proof", compared to the mainland one party, for the situation in Taiwan party property, income, life (such as the existence of fault conditions), there is the difficult problem of the objective burden of proof. In such cases to the court, the court not to Taiwan area of evidence, it is unable to get judicial assistance in Taiwan area. At present, the party put forward a divorce, feasible only the dissolution of marriage, for alimony or division of common property has no practical significance.

   Again is the implementation issues. Needless to say, the Taiwan related effective legal document execution, especially in Taiwan area and its property in the Taiwan region of the party executive, has a lot of difficulties. The theory can be the effective judgments, notarized by notary associations shall be sent to the province, Taiwan area folk group the Straits Exchange Foundation, through their coordination of the implementation, but this procedure is tedious, time-consuming is long, the implementation effect is not obvious. Unable to make the effective legal document execution, has become the shackles of such proceedings a large.
 
   The law of Taiwan divorce cases, various views to understand conflict, the need to further clarify. The Supreme People's court in 1984 December on the Taiwan related legal documents to make case "may be served by the form of notice and the default judgment" instructions; on August 9, 1988 issued the "about people's court handle Taiwan related civil cases of several legal issues", in 1998 May issued "Regulations on the approval of the people's Court on civil court in Taiwan area the". But on the Taiwan related marriage cases currently has a special area to hear no judicial interpretation, legislation is not the new regulations. Former Taiwan case announcement deadline is a reference to foreign cases, according to the "PRC Civil Procedure Law" 247th article and the provisions of article two hundred and forty-eight, notice period of six months, a period and the appeal period party for thirty days. In December 26, 2005, the Supreme People's Court issued the "second national foreign-related commercial and maritime trial work conference summary" determined "by the form of announcement to the Taiwan area where the service of judicial documents, since the date of the announcement over sixty days, the document shall be deemed to." This is the service of Taiwan area as the domestic service, but did not reply period and the appeal period made the corresponding provisions, the court practice to understand the existence difference, different expressions, some ruling documents on defense period and effective date as fifteen days, some judges the view in the book for thirty days, suggestions on this issue further clear. 

   4, the Taiwan related marriage and divorce case management suggestions.

   First, strengthen the propaganda of Taiwan related marriage. The courts at all levels shall summarize the characteristics of Taiwan related marriage, combined with the typical case of Taiwan related marriage in the marriage registration office, the news media to carry out relevant laws, regulations, Taiwan area residence, employment and personal policy may give normal marriage bring obstacles to propaganda, let the parties not only know the provisions relating to marriage, and know that the mainland and Taiwan on the divorce is inconsistent with the provisions. The litigant legitimate, timely to exercise their rights, to protect their own interests.

   Second, increase mutual judicial assistance. With the increase in cross court civil cases, the people's court for judicial assistance to Taiwan district court, district court in Taiwan inevitably exists, the people's court for assistance to. Should give full play to the folk organization of the SEF and ARATS role, giving "NPC and CPPCC" judicial assistance function, clear the judicial pipeline, smooth delivery program.

   Laws and regulations, improve the Taiwan related marriage registration, trial. The detailed rules for the implementation of "mainland residents to register with the perfect marriage of Taiwan area residents in the Interim Measures for the administration", a single proof, strict examination of Taiwanese identity, residence and other relevant provisions; concerning the trial of civil cases involving Taiwan as soon as possible or the relevant local regulations on both sides of Taiwan related marriage, according to the law, rule-based.

   ④, severely crack down on illegal intermediary. The court civil judicial departments to improve consciousness in Taiwan, the trial of divorce cases found in illegal marriage intermediary or individual illegal Taiwan related marriage introduction, charging intermediary fees, to the case clues to the public security organs, increase the attack Taiwan false marriage maker arranged, buy buy marriage crime.

   The Taiwan related cases, neither the foreign-related cases, but also different from the domestic civil prosecution, has its particularity. Therefore, in the case of Taiwan divorce case, according to the laws of our country, but also consider the special provisions in the Taiwan area of policy of our country. At the same time, according to the characteristics of Taiwan to mainland to respond to complaints, residence time limited, timely filing, trial, mediation or judgment, as far as possible to make the Taiwan compatriots in Taiwan, will conclude the case, in order to reduce the cost of litigation.
 

   [Zheng Yanrong (District Court)]: Thank you very much "Chinese Supreme Court Trial" hosting this symposium, very honored to participate in this symposium, listen to all the participants to speak. I am engaged in civil trial work for seven years, may have some personal point of view is not very mature, more please. We are from the actual situation of grassroots courts to this seminar theme experience. The number of divorce cases are growing each year, accounting for 1/3 of the total number of cases more, from divorce phenomenon, many reasons behind them, as the grass-roots court judge, experience the deepest is marriage mediation up more and more difficult, more and more types of property involved, more and more complex, and some also relates to the property, the assignment of property rights etc.. Just leaders have analyzed the very thorough, I say no more here. The new marriage after the promulgation of women, children, important problems of diversified. Marriage case to the social responsibility is a responsibility more by Chinese culture gives the judicial organ, is a China cultural responsibility, sometimes this responsibility is passive. As the main responsibility is that court, the individual is individual judge, the judge is very demanding, age, experience and so on, the social responsibility of marriage case, Chinese characteristic economy, culture has a special influence on it, so our superior court on the case of marriage when they talked about not easy decision, suggested that the Supreme Court from the specialized angle, especially some leaders talked about just now, conditional restriction of freedom of divorce, I think this concept is very much in line with the China culture specific requirements, but no specific provisions in the rules, it gives us a demanding task. For today we research topics marriage cases, the responsibility and obligation to social responsibility is not a single trial, actually already includes social, economic, cultural, and so on, United we often speak trial must reach the political effect, social effect, law effect, especially in the period of social transformation, this point is important.

   What is the method the main responsibility, I think it's just trial skills. Now there are many scholars propose trial methodology, since we now society on the court the request is very high, behoove judge quality should also be improved. If I see a 20 year old judge and a 50 year old judge understanding of marriage cases, explanation, I feel quite big contrast, we young judge language, especially when the cultural level of the lower Party will be very difficult to understand. Therefore, an important issue marriage case is the impact on our next generation, influence on the Chinese development, I think that solving the case of marriage we judge should have what kind of quality can be better: one is the experience. Because we are young judges understanding of marriage is sometimes not enough, especially Chinese valued experience more, so for us to judge, experience is very important.

   Two is the trial quality, the quality is not very deep, but it needs, for example we relate to the economic aspects of the stock in the divorce cases and other issues, we need not only the knowledge of the civil law. Three is the judge orientation is very important. Marriage case handling, inner orientation of judges is very important, not only to deal with nuclear shell, young judges sometimes only superficial questions, such as separation launched a few years feeling worse, substantive issues and didn't investigate the marriage.

   Therefore, through three questions just now, I analysis the marriage judge must possess the following qualities, can we achieve our so-called trial Art: a social experience, especially the grassroots courts, minority judges gathered district court should understand the local customs, the law is not life, the judge will give cultural characteristics; two, forty years of age, the age is the representative of the experience and understanding of the China culture, is the Chinese cultural pursuit, the meaning is self-evident; three, the judge's knowledge level, have just talked about, no longer; four, trial mode, each judge continue to accumulate in the work. Experience, so each judge has his own way of trial, the trial of art; five, language, to be fair and reasonable understanding of the sentence, language is very important, sometimes decision write a lot, but people do not understand, so language requirements should be more abundant. The above is my understanding of social responsibility and judgment skills marriage cases of trial.

  
   [Wu Tianyue (Haikou Center): first of all thanks to the Supreme Court "Chinese trial" give us this opportunity. I think that the judge in the trial work of the accumulation of experience is very important, from the following several aspects: one is the strengthening of social experience. We all know that our country is a five thousand history of country, different ethnic customs are different, as a judge should deeply understand the local customs can accurately handle the case; two is the cognition of law, cognitive degree will directly affect the degree of realization of the legal and social effects; three is to improve the trial skills, and strengthen the communication and understanding, improve our trial skills marriage cases, to enhance the sense of social responsibility.

   [Yu Zili (Yuxi Center)]: I first agreed to Wu's opinion, one is China's vast territory and abundant resources, local customs are different, especially the feudal vestiges of feudal ideology still exist in China's marriage law, promulgated after, pay special attention to protect the rights and interests of women, now in the third climax of divorce, I feel the high divorce rate is not important, important is how to deal with, is grants divorce or not, mainly depends on the social effect. In my opinion, came to court cases have no alternative against one's will, marriage mediation work better than decision. Second from the family situation, the marriage based on our present, accounted for the majority of independent marriage, but marriage is arranged. I engaged in the administration of justice in the court, I feel to divorce court is difficult, to bear the family, emotional criticism, divorce, divorce and administrative litigation, administrative divorce would under normal circumstances, only the difficulty will be to court. Therefore, in judicial practice, we used the trial of divorce cases without a trial, they will appeal, especially the third divorce cases, will not eventually reconciled, so we now in the trial if the feeling of husband and wife is broken we gradually are found out. Third, the freedom of divorce is limited, I feel that sometimes a family, divorce, can achieve two happy families, but I still hope that we can cherish the feelings, less to court for a divorce.

   [Liu Qingfeng (Qingdao Center)]: I deeply feel this topic is very profound and practical significance. When I was in University, a course is sociology, today I saw our subject is the marriage case to the social responsibility of the trial of the case, the marriage has been extended to the field is extraordinary. We know that in Japan, Thailand to the marriage of trials of each other, we then had a trial small marriage cases, trial period is very short, fast speed, and improve the quality of the trial. Marriage case is very complex, our real culture is also very complex, the judge's judicial philosophy will be reflected in the case of marriage in the trial. We previously university courses in sociology have marriage sociology, I think if this issue of law sociologist or marriage sociologists participate in this seminar, we will have more depth. I am considering such a problem recently, lawyers, litigation to the court dispute has certain complexity, and judge here do is trial, we actually have to face the problem is multifaceted, not only in the judicial field, and even the economic aspects of the field, so sometimes will we feel the legal home without resistance, we are not pure scholar, but our research perspective has so big difference, there are some unspeakable issues in all fields of our trial. Therefore, our legal family knowledge should be integrated, awareness of the problem should be diversified.

   Second, I think marriage cases principle, is certainly the trial in accordance with the law, but as a supplementary question is, should have some equity feeling, especially for the weak, women, children in the trial of cases should be appropriate compassion, care. Third, the trial skills, I worked for a period of time methodology, I think there is a criminal professor in Wuhan University, in the early eighty had wanted to make a computer sentencing procedures, finally failed, the motivation, purpose may be good, but the concrete sentencing need law officer master. Why should this problem, some problems of marriage cases judges are required to discuss the case, because the demands of different parties, different, different subject, left to judges thinking space is very big still, no matter how you want to marriage cases a very specific scale is very difficult, need to judge him on the comprehensive understanding of legislative and regional customs are combined to deal. Case of marriage has its unique system, structure has its own action to set up an independent system, it is the goal of harmony, family harmony is the first target, and does not leave should be mainly based on harmony, the judge should be appropriate here balance principle, proper care is also mentioned.

   Third, the marriage case reasoning requirements, processing the premise of marriage cases may not be the legal standard, but a moral, political or economic and so on, is he president told why marriage cases in treatment with so many judges are hurt was killed, I think marriage cases should not be so many conditions on the inside, there should be a lot of principle, and the principle and implementation of the cases, the other cases are interlinked, these mature judge heart is have this feeling, can the case handling to the best state.

   Fourth, language, marriage cases should have its special language technology, be fair and reasonable method, we judge decision should reflect the. Once some courts to judge language, why not write directly to the judgment? So, we should judge thinking is conservative, according to the thinking logic judge unique, judicial idea to handle the case of reason.

   [compere Wang Yunsheng]: I do a summary. Marriage case to the social responsibility and judgment skills seminars, after discussion, and achieved very good results. The trial of cases about marriage social responsibility, I think that the trial judge digestion contradiction, social stability, is the pursuit of the unity of the good social effect and legal effect, the pursuit of a harmonious society. Firstly, according to the law, then make a concrete analysis of concrete cases, not only on the case, do not blindly do not emphasize the law, to enter the feeling into the law, trial marriage case emphasizes the social responsibility, requires judges to rack their brains to find cases, focus, safeguard the interests of all parties.

   Second, the marriage case trial skills, we have put forward different views, I think both trial skills problem, but also a legal culture phenomenon, it with the actual trial judge marriage associated. Morning and afternoon speech, you talked about a lot of problems, some talked about how to determine the basis of marriage and love, some talked about how to prevent disputes, disputes and cases limit, four sides to some practical problems encountered problems and marriage cases in judicial practice, and discussed some countermeasures, but also from a fresh from school graduate students on the marriage cases cognitive deficiencies were analyzed, I think this kind of research methods is of great significance, we China "trial" will continue to carry out research in the country, according to the special form.
  
   This workshop we are speaking through rigorous thinking, like the Yuxi intermediate people's Court of the case statement, separate content analysis system. Some speech is according to the specific analysis of the actual work of the court to make, it proposes the concrete solution. City Court, Fuzhou intermediate people's court in this respect also spoke. And according to their own personal experience and feelings to speak, Yuzhong court, Yuelu court judge Wang Manxia Yu Zhan jury speakers are very good. Some comrades for any reason you are unable to attend, but also sent their own articles, we will be meeting the edit view published in the "trial" China news magazine. See us through this study, the trial of cases, marriage is full of the judge's judicial philosophy and wisdom of the trial, the meeting has achieved expected effect, seminar ends.

Excerpts from Chinese court network broadcast

(Editor: Chinese and Foreign Civil referee network)