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The Theory Of Family Cases Typed

Posted on:2014-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q JiaFull Text:PDF
GTID:2256330401974980Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Thinking of writing of this article is that, the first part start with the concept of parsing and familycases and the particularity of the settlement mechanism of housework for brief introduction of the case, toclarify the concepts discussed in this paper. Second part raises the discussion center that the family typedreading of cases, from the connotation of the typed first, then introduce the laws about the family type ofcases. In this paper, the third part is to discuss typed solve the necessity analysis of family cases in China,including the cause of the China’s present situation, the unrealized typed and typed solve the legitimacy ofthree parts. Part iv needle, this article puts forward the idea of typing to solve family cases in China fromthe view point of typed housework case settlement mechanism involves two theory premise: one is thefamily litigation events and the classification of the family of non-legal,2it is to should be divided orunified legislation, after solving the two problems, this article from our country family legislation style ofcase selection, classification and application of family cases in China rules design three aspects to discuss,in order to from the perspective of judicial operation to try to interpret how to construct the system ofhousekeeping program.The introduction part simply introduced in this paper the characteristics of family cases, currentlegislation judicial status quo on the housekeeping case in our country, and point out the core idea of thisarticle.The first part is the family case definition. First introduced the housework personnel identityrelationship cases, cases and related concept, the difference between a generalized concept of family casesand points out that the gift; Secondly, from the family case and its settlement mechanism of particularityclear characteristics of family cases, thus a more comprehensive understanding the nature of the familycases.The second part is about the family case typed interpretation. First, clear of this article discuss theconnotation of the core "typed"; Second, the introduction of Germany and Japan, and China’s Taiwanregion such as outland method classification about the family case.The third part is the necessity of typed solve family cases in China. First of all, introduce the current family case trial scope and legislation present situation; Secondly, analyses the reason of unrealized typed in ourcountry; Third, it is discusses the typed solve the legitimacy of the present situation.The fourth part is the core part of this article, the discussion from the perspective of the typed thefamily idea of the dispute. First, draw out the typed read the two theoretical issues need to clarify, namelyhow to distinguish the family litigation event with the housework on non-legal, legislation on bothappropriate uniform legislation is legislation, respectively. Secondly, analyze the enlightenment to ourcountry the current situation of foreign legislation style choice of family cases in China; Then, draw lessonsfrom the new church luckily legislation put forward our views and Taiwan area in the department of familycases classification; Finally, from the family trial mechanism, mediate mechanism, procedure and civilmediation bridging mechanism three aspects put forward the construction of our country the family idea ofprocedure rules.
Keywords/Search Tags:family cases, typed interpretation, The family trial mechanism, The family mediatemechanism
PDF Full Text Request
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