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On The Establishment Of The Specialized Family Case In Our Country

Posted on:2016-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:J W PuFull Text:PDF
GTID:2336330482958041Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
Here is the guideline of this essay: first, a clear definition of family case is given to set a range for the discussion, and expound on legal specialization to prepare for the analysis of the specialized trial in China, then there is the discussion on the necessity and possibility of specialized trialing for family cases in China based on the current situation and issues existing in the trials of family cases, which stresses on the advantages of specialized trials and lay down the base for the following part of the essay. Next, by comparing with foreign legal systems, some widely-held and characteristic regulations and methods are generalized as some examples and experiences for China to learn. In the end, based on the above discussion, some new thinking and detailed methods for building China's specialized family case trial are given.The essay is divided into 5 chapters:Chapter One: First some theoretical studies and value orientations are presented. Next, the development of family case trial in China is reviewed, following which the current legal range of family case is given to define the scope of family case in this essay. Then, from the international, domestic and general aspects respectively, the characteristics of family case is analyzed, emphasizing the value orientation of specialized family case trial in China.Chapter Two: Starting with an analysis of the current situation of family case trial in China, the actual necessity of specializing family case trial in our country is emphasized in this chapter. After the analysis, the existing problems in China's family case trial are pointed out from the viewpoint of causes of action, substantive law, institution, personnel, adjective law, etc., showing the defects of not specializing family case trial.Chapter Three: Based on the former discussion and combined with some studies and explorations in the field of family case trial in China, the feasibility of specializing family case trial in the country is analyzed. The analysis fully proves that now the necessary conditions and abilities to specialize family case trial are both possessed.Chapter Four: Through the comparison with foreign countries' regulations and methods in family case trial, some worthwhile systematic features, methods and experiences can be extracted. Combined with the deep understanding of realities in our country, they can provide help in building our own specialized family case trial system.Chapter Five: Combined with the problems pointed out in Chapter Two and the experiences given in Chapter Four, a tentative idea of how to build China's own specialized family case trial system, which, like the analysis in Chapter Two, covers aspects including causes of action, substantive law, institution, personnel and adjective law, is stated here, Some advice for improvement and further thinking are also provided to support specializing family case trial in China.
Keywords/Search Tags:family case, specialization, exoffcio system, family lawsuit procedure
PDF Full Text Request
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