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Research On The Reform Of Family Trial

Posted on:2021-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:R WangFull Text:PDF
GTID:2416330620476343Subject:Science of Law
Abstract/Summary:PDF Full Text Request
This paper studies whether the methods and ideas used in the current family trial reform can meet the requirements of disputes between family members in a primary relationship.In this paper,through the observation and the interview of empirical analysis methods,to investigate the effect of family trial reform from the specific cases of family disputes which are solved by the pilot court.In our country,resolving civil cases through mediation has a long history.The procedure of mediation in divorce cases have already been clearly stipulated by the law,which laying a foundation for mediation to deal with family cases.Since the 1980 s,the reform of the civil trial methods which is characterized by the Litigant doctrine mode has reduced the effect of the family trial.Since 2016,a new sight has emerged in the family trial reform which not only seemed familiar but also opened fresh ground.The pilot courts adopted a series of effective and reasonable measures.For example,The pilot courts specially established family trial tribunals and family trial teams,entrusted local community officials and other personnel to actively investigate and collect evidence When handling family cases they set a divorce cooling-off period to prevent impulsive divorce.Through empirical analysis of the pilot courts,we can see that the courts make a point of using authority exploration doctrine in the process of resolving family disputes,tend to protect the interests of vulnerablegroups such as women and children,and pay more attention to protecting emotional interests between family members on the basis of resolving property division disputes,etc.Besides,the courts attach more importance to comprehensive benefits when handling cases.Under the premise of admitting that family disputes are special,this reform of the family trial is indeed a de-rational movement with the theme of "power detection,repair,diagnosis and treatment" and so on.
Keywords/Search Tags:primary relationship, family disputes, reform of family justice, authority exploration doctrine
PDF Full Text Request
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