离婚案件中诉的合并研究
发布时间：2018-08-18 08:24
【摘要】： 通常而言,离婚案件需要对解除婚姻关系、分割夫妻共同财产以及确定未成年子女的直接抚养人等事项进行处理。明确上述事项之间的关系,即解除婚姻关系、分割夫妻共同财产以及确定未成年子女的直接抚养人诸事项属于单一之诉中若干具体诉讼请求的合并抑或若干独立之诉的合并,既具有理论意义,又具有实践意义。本文以上述问题为主线,从基本理论出发,在借鉴德国及我国台湾地区相关规定的基础上,认为上述诸事项属于诉的合并,并以此作为理论依据对我国离婚诉讼程序中的若干问题提出自己的思考。全文共分为五个部分。 第一部分主要是提出全文所关注的问题。通过一则典型案例,提出解除婚姻关系、分割夫妻共同财产以及确定未成年子女直接抚养人等事项之间关系的问题,并指出厘清它们之间的关系具有重要意义。 第二部分主要是辨析诉的合并与诉讼请求的合并。在分别简述诉之合并与诉讼请求合并的基本内容之后,对二者之间的异同进行了辨析,并指出区分方法,为下文的论述奠定了理论基础。 第三部分是国外相关问题的介绍。该部分主要介绍了德国及我国台湾地区关于离婚案件中诉之合并的相关法律规定。 第四部分主要介绍了我国离婚诉讼程序中诉之合并的现状。该部分首先分析了我国现行法律的相关规定,然后通过四则典型案例指出司法审判实践中的具体做法,随后又介绍了三位学者对此问题的态度。在此基础上,通过理论分析笔者表明了自己的观点,即解除婚姻关系、分割夫妻共同财产以及确定子女直接抚养人等事项属于诉的合并。 第五部分是文章的重点,主要是笔者对我国离婚诉讼程序相关问题的思考。该部分以解除婚姻关系、分割夫妻共同财产及确定未成年子女直接抚养人诸事项属于诉的合并为基本理论依据,分析了各诉之间的分离与合并、审理原则、部分判决、上诉以及既判力等问题。
[Abstract]:In general, divorce cases need to deal with the dissolution of marriage, the division of the couple's common property and the determination of the direct dependants of minor children. To clarify the relationship between the above matters, that is, to dissolve the marital relationship, to divide the common property of the husband and wife, and to determine that the matters of direct maintenance of minor children belong to the merger of several specific litigation requests or the merger of several independent actions in a single suit, It has both theoretical and practical significance. Based on the above questions and the basic theory, this paper, based on the relevant provisions of Germany and Taiwan, holds that the above matters belong to the merger of litigation. And as a theoretical basis for the divorce proceedings in China to put forward their own thinking about a number of issues. The full text is divided into five parts. The first part is to put forward the full text of the concerns. Through a typical case, this paper puts forward the issues of dissolution of marital relationship, division of common property between husband and wife, determination of the relationship between minor children and direct dependents, and points out that it is of great significance to clarify the relationship between them. The second part is the combination of discrimination and litigation. After summarizing the basic contents of the merger of action and the combination of action request respectively, this paper distinguishes the similarities and differences between the two, and points out the distinguishing method, which lays a theoretical foundation for the discussion below. The third part is the introduction of foreign related problems. This part mainly introduces the relevant laws and regulations about the merger of divorce cases in Germany and Taiwan. The fourth part mainly introduces the current situation of litigation merger in divorce proceedings in China. This part first analyzes the relevant provisions of the current law of our country, then through four typical cases to point out the specific practice of judicial practice, and then introduces the attitude of three scholars on this issue. On this basis, through the theoretical analysis, the author shows his own views, that is, the dissolution of marriage, the division of joint property of husband and wife, and the determination of direct child support and other matters belong to the merger of litigation. The fifth part is the focus of the article, mainly the author of our divorce proceedings related issues. This part is based on the dissolution of marriage, the division of joint property between husband and wife, and the merger of minor children's direct dependant. It analyzes the separation and merger of each lawsuit, the principle of trial, and part of the judgment. Issues of appeal and res judicata.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D925.1;D923.9
本文编号：2188921
[Abstract]:In general, divorce cases need to deal with the dissolution of marriage, the division of the couple's common property and the determination of the direct dependants of minor children. To clarify the relationship between the above matters, that is, to dissolve the marital relationship, to divide the common property of the husband and wife, and to determine that the matters of direct maintenance of minor children belong to the merger of several specific litigation requests or the merger of several independent actions in a single suit, It has both theoretical and practical significance. Based on the above questions and the basic theory, this paper, based on the relevant provisions of Germany and Taiwan, holds that the above matters belong to the merger of litigation. And as a theoretical basis for the divorce proceedings in China to put forward their own thinking about a number of issues. The full text is divided into five parts. The first part is to put forward the full text of the concerns. Through a typical case, this paper puts forward the issues of dissolution of marital relationship, division of common property between husband and wife, determination of the relationship between minor children and direct dependents, and points out that it is of great significance to clarify the relationship between them. The second part is the combination of discrimination and litigation. After summarizing the basic contents of the merger of action and the combination of action request respectively, this paper distinguishes the similarities and differences between the two, and points out the distinguishing method, which lays a theoretical foundation for the discussion below. The third part is the introduction of foreign related problems. This part mainly introduces the relevant laws and regulations about the merger of divorce cases in Germany and Taiwan. The fourth part mainly introduces the current situation of litigation merger in divorce proceedings in China. This part first analyzes the relevant provisions of the current law of our country, then through four typical cases to point out the specific practice of judicial practice, and then introduces the attitude of three scholars on this issue. On this basis, through the theoretical analysis, the author shows his own views, that is, the dissolution of marriage, the division of joint property of husband and wife, and the determination of direct child support and other matters belong to the merger of litigation. The fifth part is the focus of the article, mainly the author of our divorce proceedings related issues. This part is based on the dissolution of marriage, the division of joint property between husband and wife, and the merger of minor children's direct dependant. It analyzes the separation and merger of each lawsuit, the principle of trial, and part of the judgment. Issues of appeal and res judicata.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D925.1;D923.9
【引证文献】
相关硕士学位论文 前2条
1 吴林林;离婚损害赔偿之诉研究[D];西南政法大学;2011年
2 李义光;离婚诉讼中合并处理财产问题的研究[D];兰州大学;2012年
，本文编号：2188921
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