On Limits Of Detecting Powers Of Family Cases

The introduction of power detection in family cases has become a consensus.However,only a few scholars have paid attention to the distinction of power detection limits.Some people think that family cases should be typed and then applied to the distinction of the limits of German law.Some people also think that family cases should be divided according to the Taiwan Family Incident Law.This article reads and sorts out the judgment documents of various types of family cases,and draws the stand of China's judicial practice as the basis of the discussion.This article attempts to compare the similarities and differences between Germany and Taiwan with regard to specific limits,analyze the legislative reasons behind it,and discuss it in conjunction with China's practical position.China currently has problems such as lack of relevant laws and regulations,and unknown directions.At the same time,there is a current situation in which the application ratio of power detection is not high and the scale is not uniform.Based on the background of law and practice,this article attempts to further analyze the extent to which power detection can be applied on the basis that power detection should be applied in family matters.Based on the analysis of the reasons for the applicability of distinguishing powers of inquiry,this article starts from the connotation of authority inquiry,and puts forward the standards for the application of different authority inquiry in different types of family cases.Based on the distinguishing standards,it further demonstrates the final conclusion of this article.This article makes a detailed distinction for different types of family cases,and finally applies to the three limits of one-sided power detection,limited power detection,and unlimited power detection.Among them,divorce disputes,inheritance disputes,invalid marriage disputes,and marriage revocation disputes are subject to one-sided power investigation,post-divorce property disputes,cohabitation disputes,and separation of property disputes are limited to powers,while dependency disputes,maintenance disputes,and adoption disputes are unlimited Detecting authority.