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Research On Issue Of Simple Trial Procedure Of Public Prosecution

Posted on:2015-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:J L YangFull Text:PDF
GTID:2266330422969589Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The family litigation system to resolve family disputes is applicable procedures, unlikeordinary civil proceedings. Our Civil Procedure Law does not provide for proceedingsconcerning family, unable to meet the needs of the growing number of family cases, Based onthe analysis of family proceedings, and further proposed to build the idea of familyproceedings, hoping for our family perfect force proceedings.This paper consists of five parts. This paper discusses the concept and characteristics offamily proceedings. The family litigation system to resolve family disputes is applicableprocedures, mainly for marriage cases, paternity cases and adoptive relationship. Fourfeatures include: subject of public interest litigation; program is not openness; applicablepowers doctrine and specific scope of the program. In this paper, two legal proceedingsagainst the family of five countries analyzed, compared and analyzed the same point two legalsystems in major countries and regions required for family proceedings and differences. Thispaper analyzes the current situation of family proceedings, lists of legal proceedings forfamily mediation system, the provisions of the party system, the principle of non-public,under the jurisdiction of the system, the analysis of the existence of some problems, such aslack of specific legislation, lack of specialized judicial institutions and judicial officers, thelack of a dedicated special programs. This paper analyzes the necessity and feasibility ofconstructing a family proceedings, proposed to build the idea of family proceedings, namelythe development of a special law, the establishment of specialized judicial institutions andjudicial officers, specifically our special family law proceedings and basic system, thatmediation principles, not the principle of openness, terms discovery doctrine principle,prosecutors principle of participation, the party system and the principle of direct language,jurisdiction system, evidence system.
Keywords/Search Tags:Family cases, Family litigation system, Personnel Litigation, Identity relationship
PDF Full Text Request
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