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The Study Of Functions And Powers Doctrine In Family Trial

Posted on:2021-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:H M ZhangFull Text:PDF
GTID:2416330626461303Subject:Law and law
Abstract/Summary:PDF Full Text Request
In recent years,the proportion of family cases in civil cases is increasing,and the types of cases are more diversified.But unfortunately,due to the lack of independent family proceedings in China,judges lack initiative and enthusiasm in the application of the power discovery doctrine in the specific trial of family cases,the family trial is still based on the procedural rules and trial methods of ordinary civil and commercial cases,which does not reflect the particularity of family trial,and is not conducive to the effective settlement of family disputes and the realization of judicial justice.It is not only the basic practice of family trial with the power discovery doctrine in various countries,but also the essential characteristics of family cases.It is an important guarantee to achieve the real value of the entity.Although the civil procedure law and relevant judicial interpretations of our country embody the basic content of power discovery to a certain extent,the application of power discovery in the family trial is lack of clear legal basis and specific operating rules due to the lack of independent family trial procedure in our country.In this case,the comprehensive use of literature research,empirical analysis and comparative analysis,to explore the power discovery doctrine in the specific trial of family cases has important theoretical and practical value.Through the research,we found that there are still some problems in the family trial,such as the scattered and incomplete legal provisions,the lack of special evidence rules,the failure to establish the power discovery doctrine and the lack of enthusiasm of judges.Therefore,on the basis of correctly understanding and grasping the basic content of the power discovery doctrine,we need to establish the power discovery doctrine in the family trial,and provide guarantee for the judge to carry out the power discovery doctrine by strengthening the court's power,constructing special evidence rules and other specific measures.However,it is worth noting that in the process of power discovery,judges should also follow the corresponding principles,under the premise of guaranteeing the subject status of the procedure of the parties,we can solve the disputeseffectively,maintain the harmony and stability of the family,realize the reality of the entity and maintain the judicial justice.
Keywords/Search Tags:family trial, the power discovery doctrine, debate principle, strengthening of the court's authority
PDF Full Text Request
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