Rural migrant workers in cases of divorce, Difficulties and Countermeasures

In recent years, rural migrant workers with the rapid growth of the rural out before the Court staff was increased year by year the number of divorce cases, momentum for. In the author Tanghe County, Henan Province, where the Court, for example, by 465 since 2008, the rural migrant workers analysis of divorce cases and found that in adjudicating cases, there are four "difficulties":

The first delivery is difficult. Movement of migrant workers in rural areas is strong, and some long-term fate is unknown or unaccounted for, it is difficult to find an accurate address, and relatives are often refuse to transfer legal instruments. At the same time, some of the workers can be contacted by phone personnel to avoid emotional confrontations serious, often only notice served, notice served divorce cases, 56% of the total.

Second, mediation and好难. The main reason to sue for divorce if either migrant workers, after thinking, a change in living conditions lead to the couple can not continue to live together, long-term feelings of gradual separation between the two places strange indifference on one side an "affair" three types of cases, emotional foundation, so that cases of rupture increases the difficulty to reconcile Great. The hospital to hear divorce cases, mediation and good 22, accounting for 6.9%.

Third, property status is difficult to identify. Some migrant workers hide assets and conceal debt, and even making a false debt, because of its property is not difficult to grasp the local and the clues led to the courts to identify, partition jointly owned property is difficult.

Fourth, the case of knot things difficult. Conciliation is a small, high rates of in absentia judgments, judgments on the child support payments after divorce, property division of the low rate of automatic discharge, and the implementation of the difficult, the verdict will not re-charged a higher rate of divorce cases.

In this regard, I propose: First, to establish a diversified matrimonial disputes mediation mechanism. We should give full play to the village committee and the people's mediation committee functions, increase the mediation efforts to do its utmost to promote reunion between the parties, the negative impact of divorce to a minimum. Circuit courts should strengthen investigation and conciliation efforts to work with grass-roots organizations complement each other, focusing on cases of social effects.

The second is to avoid the notice served on randomness. To strengthen the identification of malicious divorce disputes, to avoid the use of a spouse to go out one of the parties the opportunity of fraud-type action to achieve dissolution of marriage, destroys families, acquisition of property or other purposes. Notice of evidence to strengthen the case review of the evidence provided by the parties on one side, the judge should take the initiative to check, so that evidence-based, strictly according to law, we must increase the intensity of migrant workers to find the accused to prevent the fraudulent evasion of the proceedings.

Third, correctly apply the law to increase penalties for innocent parties. The revised Marriage Law in the social development process, the marriage and the family of the new situation, increase the "innocent party" accountability. Village migrant youth, because of various reasons, the emergence of the "third party" and other phenomena, has seriously affected the stability of marriage and family, people's courts in adjudicating such a case, the process of divorce cases, the parties should actively promote the law, serious criticism and education, when necessary, applicable "fault liability" accountability system, according to the direction of judgments by the fault of the injured party to compensation for losses.

The fourth is to strengthen the implementation of the interface. In the trial stage, pay attention to retain migrant workers contact the parties, property address and other information, according to the needs of the case, depending on the application or the parties to conduct litigation in accordance with terms of preservation, field inquests, take photographs or video, if necessary, to the involved property assessment so that the property involved in the relatively "fixed" for the implementation of good preparation. In the implementation of off stage, refusing to fulfill their legal instruments to determine the obligations of the parties to carry out education, who still can not consciously perform, it is timely to enforce, for refusing to perform vile, causing serious consequences, should be held criminally responsible.

(Author: Tanghe County, Henan Province, Ho Shuan Lin Han Qun L)