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A Study On The Efficacy Of Family Survey Reporting

Posted on:2021-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2516306095992319Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The number of family cases has surged,and the lack of legal basis for family disputes has prompted the reform of family trials.In order to maintain the stability of marriage and family,protect the legitimate interests of vulnerable groups,and promote the harmonious and healthy development of the society,the Supreme People's Court has promoted the reform of family trials,and explored the introduction of a family investigator system in order to improve the level of judicial services and protection of family trials.The family investigation report is an organic part of the family investigator system.Increasing its effectiveness can enhance its ability to resolve family disputes and increase the success rate of family mediation.It plays an important role in the realization of procedural justice and substantive justice in family trials.This article takes the effectiveness of the family investigation report as the research object,and focuses on the rules for determining the effectiveness of the family investigation report,the qualification of evidence,and the power of proof.The first part expounds the basic theory related to the family investigation report.Starting from the related concepts of family investigation as the basis of the full-text research,determine the main body of the family investigation report,clarify the value of the family investigation report,define the effectiveness of the family investigation report,and pave the way for subsequent analysis.The second part examines the validity of the family investigation report.The identification of the family investigation report is mainly made by examining the judicial rules and the judicial practice in the pilot areas,and then the effectiveness of the family investigation report is examined from the two aspects of evidence qualification and probative power.It is found that there are problems in the effectiveness of the family investigation report.Improving the applicability of family investigation reports provides direction for improvement.The third part is a comparative analysis of the effectiveness of the family investigation report.The effectiveness of family investigation reports under similar systems in typical countries(regions)of the common law system and the Civil law were selected to investigate.Due to differences in the background of the system,thereare differences in the scope and methods of application of system titles and investigation reports.However,there are similarities in the selection of the investigation subject and the production of the investigation report,which can provide useful reference for our country.The fourth part is the suggestions to guarantee the effectiveness of the family investigation report.Starting from three aspects of improving the family investigation procedure,clarifying the evidence effectiveness of the family investigation report,reviewing and identifying the family investigation report.Combining judicial practice and extraterritorial experience to further explore ways to reduce disputes over the effectiveness of the family investigation report,and addressing the problems with the effectiveness of the family investigation report.Propose solutions to ensure the effectiveness of future family investigation reports.
Keywords/Search Tags:Family investigation, Family investigation report, Evidence qualification, Probative force, Power investigation
PDF Full Text Request
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