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Research On Family Litigation Procedures

Posted on:2020-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:C J XuFull Text:PDF
GTID:2436330572486977Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Family cases are different from ordinary property cases because of their ethical,identity,emotional and strong public welfare nature,so special procedures should be applied to deal with them.Family litigation procedure conforms to the characteristics of family case,which is a special litigation procedure with marriage,inheritance and other family cases as the object of litigation.It is an important part of civil litigation procedure.Many countries and regions around the world have established relatively mature family litigation procedures.On the contrary,in China,the absence of independent family litigation procedures has seriously affected the trial of family cases.The methods of historical analysis,comparative analysis and practical analysis are used in the paper,and on the basis of comparing and drawing lessons from the mature provisions of family proceedings in countries and regions of the two legal systems,it reflects on the lack of independent and systematic legislative provisions,special principles and rules in the existing family cases litigation system in China.Finally,the article demonstrates the legislative model,trial principles,rules and special procedures that should be adopted in the construction of independent family proceedings in China from both theoretical and practical perspectives.
Keywords/Search Tags:Family cases, Family litigation procedure, Regulation of evidence, Rules of court
PDF Full Text Request
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