在审理二审离婚案件中,有时遇到被一审判决不准离婚的当事人不服上诉后,经二审审理,认定双方感情确已破裂,依法应准予离婚,但双方在财产分割或子女抚养问题上,又不能达成调解协议。对这种情况,二审法院一般采取有两种做法:即:依法判决离婚,同时对财产分割、子女抚养问题一并作出终审判决;或将案件发回一审法院重审,同时建议改判离婚。 笔者认为,上述两种做法都有缺点,不宜采用。前一做法明显剥夺了当事人对财产分割,子女抚养部分判决的上诉权。因为一审法院判决不准离婚,自然就不会对财产分割与子女抚养问题作出判决,当事人 In the trial of divorce cases of the second instance, sometimes parties who are not allowed to divorce after being convicted by the first instance disagree with appeals, they conclude that the feelings of both sides have indeed broken up and divorces should be granted according to law. However, on the issue of property separation or child support Can not reach a settlement agreement. In this case, the court of second instance generally adopts two approaches: that is, to decide a divorce according to law, and to make a final judgment along with property division and child support; or send the case back to the court of first instance for retrial, and also propose a revision of the divorce. The author believes that the above two practices have shortcomings, should not be used. The former practice obviously deprived the parties of the right to appeal the property split and the child rearing decision. Because the court of first instance is not allowed to divorce, naturally, will not make a decision on the division of property and child support issues, the parties