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“劝和不劝离”、“宁拆十座庙,不毁一桩婚”是社会上对调解夫妻关系时的“最佳”选择,然而《婚姻法》对判定离婚与否以“感情破裂”为标准。除了法定情形外,法官还可以根据双方感情状况进行分析,进而行使自由裁量权。有的法官认为,离婚会对子女造成伤害或者离婚率高就会影响社会安定,因此就不轻易判决准予当事人离婚。这在无形中人为地限制了离婚。但持有相反观点的法官,就会出现放宽离婚的情况。以往搭伙过日子、传宗接代的婚姻家庭观现今已经逐渐转变,人们一般倾向于认为结婚、离婚是个人的事,不再为离婚是否光彩而伤脑筋,离婚观念逐渐向私领域转化,而
“To persuade or not to persuade ”, “Ning demolitions ten temples, does not destroy a marriage ” is the social “best ” choice when mediating the relationship between husband and wife, however “Marriage Law” No “feelings of broken ” as the standard. In addition to the statutory circumstances, the judge can also analyze the emotional status of both parties to exercise discretion. Some judges think that divorce will hurt children or high divorce rates will affect social stability, so it is not easy to decide to grant the parties a divorce. This virtually limits the divorce virtually. However, judges who hold the opposite view will find it easier to relax their divorce. In the past, the concept of marriage and family has been gradually changed nowadays. People generally tend to think that marriage and divorce are personal matters. They no longer worry about the divorce's glory and the concept of divorce gradually transforms into the private sphere. However,