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判决主文是判决书的核心,是法律适用的结果。但是由于理论研究较少,部分法官不够重视判决主文表述的精准性,导致司法实践中对判决主文的表述比较混乱,离婚纠纷的判决主文亟待规范。诉与判决主文存在着内在的映射关系。一旦诉确定,那么判决主文就确定。基于诉的类型不同,判决主文表述存在竞合的情况。具体到离婚纠纷,判决主文只能表述为:原告主张成立的,准予原告与被告离婚;不成立的,不准予原告与被告离婚。
The main text of the verdict is the core of the verdict and is the result of the application of the law. However, due to the lack of theoretical research, some judges pay little attention to the accuracy of judging the expression of the main text, which leads to the chaotic expression of judgments in the judicial practice. The main text of the judgment of the divorce dispute needs to be standardized. There is an inherent mapping relationship between the v. Once the verdict is confirmed, the verdict is finalized. Depending on the type of action, there are competing cases in the main text of the judgment. Specific to the divorce dispute, the verdict can only be expressed as: the plaintiff advocated the establishment of the plaintiff and the defendant allowed to divorce; not established, the plaintiff and the defendant are not allowed to divorce.