民诉法(试行)公布实施以来,仍然有一些基层法院用裁定解决民事案件的实体问题。如对夫妻双方感情并非确已破裂的离婚诉讼,不是先予调解,调解不成再依法判决不准离婚,而是裁定驳回原告起诉。我们认为这是不符合民诉法(试行)关于程序的规定的。 Since the Civil Procedure Law (Trial Implementation) was promulgated and implemented, there are still some grassroots courts that use rulings to solve the substantive issue of civil cases. If the feelings of the couple is not a broken divorce proceedings, not the first conciliation, mediation no longer legally decided not to divorce, but ruled that the plaintiff dismissed. We think this is not in conformity with the provisions of the Civil Procedure Law (Provisional) concerning the procedure.