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Research On Family Litigation Mechanism

Posted on:2020-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:M D HongFull Text:PDF
GTID:2416330572978241Subject:Law
Abstract/Summary:PDF Full Text Request
Family disputes are special civil disputes with identity relations as the core.They have significant ethics,strong privacy,concealment of case facts,continuity of relationship,and specific public welfare.With the development of China's social economy and family structure The changes,from the litigation mediation,the evidence system,the trial procedure,the supporting system,etc.,the current universal civil trial system can no longer meet the needs of family disputes,and the high divorce rate in today's society,the family problems of underage child support,etc.There is also an urgent need for a new type of family trial system to adjust.From the current point of view,most of the research and development is still an introduction to foreign related experience,lack of theoretical analysis and institutional design for the reality of China.Since family disputes have strong cultural identities,blindly seeking the results of others' experiences may often be counterproductive.The family dispute resolution mechanism has been a relatively mature system in some developed countries,but it still belongs to new things in China,and there are still many problems.This requires us to root the local,critically learn from foreign experience,to better serve our own needs,and thus to construct a family dispute resolution mechanism that adapts to the current judicial situation in China.The introduction part of this paper mainly expounds the background,methods and the necessity of the thesis research.In addition to the introduction and conclusion,the article is divided into four parts.The specific research and design ideas are as follows:The first part is an overview of the family dispute resolution mechanism.Focusing on the particularity of family disputes and the particularity of the judicial settlement mechanism of family disputes,the particularity of the family dispute litigation mechanism is introduced.The second part is the review of the status quo and the experience summary from the aspects of the composition of the mediator,the initiation and termination of the mediation,and the mediation method.Based on the basic needs of China's litigation dispute resolution and conflict resolution,the family dispute litigation mediation system is constructed.The third part is the construction of the evidence system for family disputes.As the system is still under exploration,the pilot courts in various places have encountered different levels of difficulties and problems in the course of practice.The author will further analyze the current difficulties and solutions in the court family evidence investigation and evidence collection system from the aspects of perfecting the relevant legal system,clarifying the time limit for investigation and evidence collection,the cross-examination problems faced by the court in the case of family matters,and improving the family investigator system.Program.The fourth part is the construction of the family dispute trial procedure.It is mainly divided into two parts,one is the trial institution and the trial judge.For a long time,China has not been able to form a professional family case trial institution.The establishment of the Family Court is a reference for the extraterritorial family court system.Since China does not currently have an environment to promote this system in an all-round way,it is necessary to conduct pilot projects in individual cities.Second,problems and improvements in the trial mode.On the basis of the existing civil ordinary procedures,some necessary adjustments are made to the way the court is set up,and the serious confrontation atmosphere is alleviated through the round-table opening of the conference room and the arrangement of the court room.Finally,for some family disputes involving vulnerable groups,design special procedures for family disputes,such as pre-trial property declaration system,psychological counseling mechanism,post-trial tracking,return visit and assistance system,and anti-domestic violence overall prevention network mechanism to protect its interest.
Keywords/Search Tags:Family disputes, litigation mediation, use of evidence, trial procedures
PDF Full Text Request
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