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On The Construction Of Family Litigation Procedure In Our Country

Posted on:2019-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the development of era of change,marriage and family disputes are becoming increasingly complex,under the background of judicial reform at the same time,the marriage law reform constantly too,from advocated 'banned divorce' to 'duty divorce',to 'marriage flaw doctrine',The divorce rate is rising.The family disputes in the specific content involves many aspects,reflecting shows it' s strong social public welfare.The settlement of family disputes requires state intervention,Using alternative dispute resolution,combining the family court which authorized by people's court with external forces from all walks of life to resolve the dispute.But,at present the family trial in our country is faced with many problems,and It's not really independent,The pressure on family trials is mounting.The supreme people's court in 2016 opened up the situation of the family of the reform of judicial work,to reform the family trial to meet the need of solving family dispute.This article explores the current situation of domestic litigation procedure in China.,deepen the understanding of the problem,analysis problem of the family litigation procedure in our country,finally concluded that a better idea of building measures.Specifically,the full text is divided into four parts:The first section outlines the family proceedings.First discussing the basic connotation and characteristics of the family litigation procedure,and then discusses the family proceedings and dialectical relationship of ordinary civil procedure,through three angles,discusses the image what is the family proceedings.The second part elaborates the present situation and existing problems of family litigation procedure.From the law level,accumulation of practice experience level account the present situation of the family litigation procedure in our country,in the family litigation on the specific procedures,system construction and work mode,has exposed many problems.The third part explores the possibility of building the family litigation procedure.In the face of the growing family litigation cases,the construction of family litigation procedure can refer to the relevant provisions in other legal norms at the present stage,and draw lessons from the successful experience in and out of the domain.The fourth part is the construction of family litigation procedure.In the first place,the family litigation procedure' s fundamental principles are clarified,in order to protect the interests of the minors as the core principles,to establish the principle of the parties to appear in the same time,the authority detection principle,the principle of mediation in front,not the principle of public trial;Then clarify the specific procedures of family litigation procedures,improving the court mediation before litigation mechanism,establishing the appropriate trial period,clearing evidence collection way,requesting the parties to appear in person to participate in the litigation,clearing the family security system,carrying out their return policy;Finally,it makes clear the supporting measures of family litigation procedure,the establishment of independent judicial organizations,the cultivation of special case personnel.
Keywords/Search Tags:family litigation procedure, Procedure of ordinary civil procedure, The family case
PDF Full Text Request
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