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Research Of Our Own Family Litigation Procedure

Posted on:2018-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhouFull Text:PDF
GTID:2346330518469623Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Family disputes between the parties,because of kinship,marriage and contact,the disputes are housework,each other there is a family identity relationship,so with a strong emotional,privacy and public rights coexist and other characteristics,It is in urgent need to develop appropriate litigation procedures to better address family disputes and to safeguard the interests of the parties.The text is divided into four parts,The main content :Chapter 1 Overview of Family Proceedings,Because our country have no special legislation on family litigation procedures,While foreign and Taiwan has a special legislative provisions.So the author from abroad and Taiwan on the summary of family proceedings to start,And then summed up the meaning of the family proceedings discussed in this article,and on this basis to clarify the scope of family litigation,Then it elaborates the particularity of the case of family disputes,which is distinguished from the ordinary civil disputes.Chapter 2 is about the present situation of the reform of family litigation in our country,Including the status quo of legislation and the reform of the pilot courts.Focusing on the reform of the pilot court,The current pilot court has achieved success,But there are still some problems to be improved.The third chapter analyzes the necessity and feasibility of the construction of family litigation in our country on the basis of the first and second chapters,The first necessity is that the process moves from a single trend to a variety,The particularity of family disputes and the large number of family cases.Followed by the feasibility of the main performance in a reasonable legal basis and related basis for practice.The fourth chapter is the construction of our family proceedings,The first set up a special family litigation trial institutions and personnel;The second identify the authoritarianism and the parties doctrine,to confirm the authoritarianism led the litigation model;The third analysis of family mediation prepositionism,mediation in the case of family disputes occupy an important position;The fourth is the elaboration of the rules of family litigation evidence;The fifth its focus on the protection of vulnerable groups,Mainly due to the minimization of the interests of minor children from the point of personal rights and property rights,For the existence of violent family disputes to take personal safety protection system to protect the personal safety of the victims.
Keywords/Search Tags:Family disputes, Family proceedings, Authoritarianism, Mediation
PDF Full Text Request
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