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The Analysis Of Surrogate Dispute Case Report In Our Country

Posted on:2018-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:M L LiFull Text:PDF
GTID:2346330536976120Subject:Law
Abstract/Summary:PDF Full Text Request
In judicial practice,the surrogate disputes present characteristics of differentiation of the case and mechanism normalize,diversity of judicial basis and referee results settlement.Moreover,there are also problems about the sentence form and trial effect.The focus dispute of the surrogate case between the parties usually present the compensation fees,custody,custody and visitation.However,the real focus mainly have two: one is the effectiveness of the surrogate agreement decided;another is the cognizance of surrogate parenthood.For the former,surrogate is supposed to be typed different types,it's can be distinguish between before and after the event,commercial and non-commercial,necessary and unnecessary.For the latter,it's supposed to take factors that the principle of child's best interests and deliver as a mother into consideration,which take both traditional ethics and the interests of the children into account.The case of sentence of Judicial practice provided useful experience for the cases of a surrogate,but far enough to cope with a surrogate in more complex derivative problems that may occur.The solution of Surrogate dispute is not only based on the existing law,but also lies in the existing rules from the perspective of explanation theory in the practice of judicial process that treat differently to different types.It's supposed to abstract the general legal norms from the judicial case,so as to realize individual justice and social justice.
Keywords/Search Tags:Surrogate Dispute, Substantial focus, Surrogate Agreement, Parent-child Relationship, Custody
PDF Full Text Request
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