True love's lawyers divorce proceedings of senior lawyers the lawyer, for you to resolve what is unable to appear in court due to special circumstances, the specific situation is unable to appear in court in divorce proceedings!

   (a) Shi Yi: "what is unable to appear in court" because of the special situation?

It can be seen from the provisions of "due to special circumstances can not appear in court" does not include a person without capacity for civil conduct will not express, it shall refer to the normal expression of the will of the people of some special reasons not to appear in court on, but what is the "special circumstances" no direct provisions of law. Reference is the "Civil Procedure Law" stipulates that the seventieth "witness has difficulty in appearing at" situation: (a) the frail elderly or disabled unable to appear in court; (two) special post did not leave; (three) the road remote, traffic inconvenience to appear in court; (four) unable to appear in court due to natural disasters and other force majeure.; (five) other special unable to appear in court.

The article in divorce cases (a), (two), (four) a divorce parties unable to appear in court "special cases" controversy is, but on third kinds of situations -- especially the distant road, traffic inconvenience, such as migrant workers can constitute a "special case" there are differences.

(two): applicable to problems

The actual work rarely the applicable rate is very low, on the statistics for the first half of the college, and no case was "unable to appear in court due to special circumstances, issued written opinions" absence. The reason may be, can not appear in court due to a special situation is individual, this kind of situation, the court will consider to solve in the special situation again after sitting arrangements of time, and many of the defendant does not appear not because of unable to appear in court, but do not want to appear. Four, refuses to appear in court without justified reasons, summons or absent

A divorce case the parties shall appear in court, the parties refuses to appear in court unable to ascertain the facts without justifiable reasons, shall issue a warrant. Summon the penalty system is refers to the public security organ, people's Procuratorate and the people's court for not being detained criminal suspects, defendants, according to its mandatory attendance questioning a compulsory measure. The actual work hardly on divorce cases the subpoena. From the necessity of compulsory summon, to human body has certain limitation, this measure itself shall apply to responsible for the fulfillment of obligations of the parties, such as maintenance, custody cases, and divorce cases is not responsible for the fulfillment of obligations, whether to participate in the proceedings and the procedural rights. From the feasibility, if divorce case in the field, to summon the police to travel over land and water cost, would increase the burden, poor operability. Court to hear cases as the main duties, as the Public Security Bureau police and procuratorial organs. Without any justifiable reason, the court could not summon absent and trial by default?