Font Size: a A A

Research On The Diagnosis And Repair Mechanism Of Crisis Marriage From The Perspective Of Regional Comparison

Posted on:2021-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y T WanFull Text:PDF
GTID:2436330647457760Subject:Law
Abstract/Summary:PDF Full Text Request
China is experiencing a social "marriage crisis".Although the whole society has continuously called for the protection of marriages,the number of divorces continues to rise.Divorce disputes,the largest category of cases in family trials,are related to the interests of disadvantaged groups and family stability.Therefore,the improvement of divorce dispute settlement methods has been the focus of the judicial and practical circles in recent years.With the reform of the family trial method,the Supreme Law puts forward new requirements for family trials.The courts need to assume the functions of diagnosing,repairing and treating marriage relationships,emphasizing the distinction between crisis marriages and death marriages in trials,correctly handling protection of marriage freedom and maintaining family stability Relations,and procedures related to crisis marriage have become the focus and difficulty in improving the way to resolve divorce disputes.Crisis marriage has not been clearly defined in our country.Combining the nature of marriage and practical experience,crisis marriage can be understood as the loss of the basic functions of marriage between husband and wife,but the marriage relationship can still be maintained and a possible marriage can be repaired.Crisis-inducing events are mostly transient and sudden.Therefore,crisis marriage has a greater possibility of repair.Courts around the country have conducted more explorations and attempts to diagnose and repair crisis marriage.In different regions of China has huge differences in the physical environment?economic level and cultural traditions,which makes the development of the rule of law in China present both internal and unified regional characteristics.The manifestation of the marriage relationship also differs according to the regional characteristics,so the courts in different regions have different focuses when exploring ways to improve the trial of divorce disputes.This article selects four courts to compare their measures and effects of diagnosing and repairing crisis marriages.They are located in the reform-first region of Guangdong Province,Fujian Province with profound cultural heritage,Jiangsu Province with outstanding family trial reform results,and a large population Province Sichuan Province.The courts in the above four places have different focuses and methods in the process of diagnosing and repairing the marriage crisis,but they are in a state of convergence in the trial concept and the construction of the trial team for divorce disputes.The various measures have achieved certain results,but there are also problems that the implementation rules are still rough,the connection between various subjects is not smooth,and the system does not achieve the expected results due to the lack of legislative support and effective guidance.The professional construction in the field of family trial in foreign countries has already begun and has achieved good results.There are special family courts and procedures to resolve the corresponding cases.It attaches great importance to the power of social organizations and has a high degree of refinement of various systems.Therefore,combined with the enlightenment from outside the region and practical experience in various places,the author makes suggestions on further perfecting the diagnosis and repair mechanism of crisis marriage in China from the aspects of system improvement and reform and innovation.On the way,it is recommended to clarify the principles and standards for diagnosing and repairing crisis marriages in the form of legislation and provide suggestions for the improvement of the divorce cooling-off period,multiple dispute resolution mechanisms,and the specialization of the trial team in the system.Opinions on the system and the introduction of information-based solutions to assist in the work.
Keywords/Search Tags:Regional characteristics, crisis marriages, divorce disputes, family trials, discrimination and repair
PDF Full Text Request
Related items