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Study On The Psychological Evaluation Predure Of Family Affairs Trial

Posted on:2019-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:T Y XuFull Text:PDF
GTID:2416330545966530Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the number of cases in our country is growing day by day,and there are strong blood and emotions among the parties.The outcome of the case affects the living conditions of the entire family,concerns adult disputes,and involves the legitimate rights and interests of minor children.In carrying out the trial reform of the family trial in 2016,the Supreme Law referred to the intervention of psychological intervention in the family trial,so as to achieve a deep solution to family disputes and repair family relationships with flexible means.This measure is conducive to saving trial resources and facilitating the smooth and efficient trial of cases.Psychological interventions in family trials include psychological assessment,testing,and counselling to assess the parties'ability to understand and behave in family trials,to groom the parties' emotions and mindsets,and to assist in the resolution of cases.The author believes that in the trial of the case,the judge can use the conclusion of the psychological assessment as a reference and do not recommend using it as evidence.In the cases of family disputes in the Anglo-American and continental law countries,there have been precedents in the psychological assessment system,such as the Australian consultant system,the German procedure aid system,the Japanese family science investigation office,and the participants.Our country started the pilot in 2016.Due to the late start,the psychological evaluation procedures in the family trial were not perfect,and there was no clear legal basis.Therefore,the author will conduct specific procedures for the construction of the psychological evaluation procedure under the guidance of three principles:the principle of confidentiality,the principle of assistance,and the principle of comprehensiveness.
Keywords/Search Tags:family trial, psychological assessment, minor protection
PDF Full Text Request
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