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公告离婚,就其启动条件、展开方式等要素来看,有着不同于传统对席诉讼的显著特征。从审判需要角度看,它是适用司法审判制度对现代婚姻关系进行诉讼解除可能性探究的实践行为;从审判制度看,它是审判制度主动适应现代社会、家庭结构变化,对婚姻关系变迁做出的司法回应,在基层法院,公告离婚越来越成为离婚诉讼运行的常态。但在实践中,也因其适用频率日益提高,公告离婚制度也产生若干问题,乃至于存在走入误区,产生对当事人不利的消极后果的可能。
Announcement divorce, on the conditions of its launch, the way to start and other elements, has a distinct feature of traditional litigation litigation. Judging from the needs of the trial, it is a practical act that applies the system of judicial adjudication to the possibility of litigation dissolution of the modern marital relationship. Judging from the judicial system, it is the trial system that proactively adapts to the changes of the modern society and family structure and makes changes to the marriage relationship In the judicial response, at the grassroots level, the announcement of divorce has increasingly become the norm in the operation of divorce proceedings. However, in practice, because of its increasing frequency of application, the announcement of the divorce system also posed a number of problems, leaving the possibility of misunderstanding and unfavorable negative consequences to the parties.