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Research On The Reform And Improvement Path Of My Country's Civil Judicial System

Posted on:2022-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:J N ZhuFull Text:PDF
GTID:2516306335962429Subject:legal
Abstract/Summary:PDF Full Text Request
With the deepening of reform in all aspects,China's economy is changing from high-speed development to high-quality development.The concept of marriage and family of the young people after 1990's and 2000's has not changed in a hundred years.The system and norms are also constantly changing.The total number of family cases is increasing year by year.With the continuous progress of science and technology,family cases also show the characteristics of diversity and complexity.The effect of family disputes directly affects the happiness index of individual family and the harmony and stability of the whole society in China.Courts all over the country have been constantly exploring the theoretical system,methods and methods to improve the efficiency of trial when trying and dealing with family cases and solving family disputes.At the same time,they also take into account the social public opinion expectations caused by the cases from the perspective of the interests of the parties and vulnerable groups.In the face of the new situation that the reform of the family justice system is developing in depth,this paper starts from the reform of the family justice system in Guangxi,which is the frontier area of the reform,analyzes the current reform results and advanced experience,points out the existing problems,and puts forward the measures and methods to solve them.The reform of family trial has been promoted for a period of time.How to carry out the reform vertically and take the "last mile" of family trial reform well is the result of the situation and the need of reality.This paper is divided into four parts:The first part is the introduction.The first is to clarify the practical and theoretical significance of the topic by analyzing the background of family trial reform;the second is to elaborate the specific research methods,and provide research methods for this paper through literature analysis,empirical analysis and data comparative research;the third is to comprehensively elaborate the relevant theories of family trial in the form of document review,so as to consolidate the theoretical foundation of this paper.The second part is the reform of family trial and Guangxi family trial system.First,through combing and summarizing the basic theories of family affairs,analyzing the connotation of family trial,finding out the particularity of family trial,expounding the basic principles that should be included in the family trial,understanding the concept that the family trial should uphold and the thought to be carried out in the judicial implementation,clarifying the scope boundary of the family case,providing theoretical premise and theoretical support for the vertical reform of the family trial Hold on.Second,it expounds the necessity and practice of family reform.From the two aspects of the reality of domestic cases and the practice of the reform of the pilot family affairs in China,the necessity of the reform of the domestic trial system in China is expounded.Third,in the process of the pilot reform,Guangxi's judicial practice reform is typical.From general to special research rules,through the investigation of Guangxi Zhuang Autonomous Region's judicial practice of family trial,we can understand the actual situation of Guangxi's reform of family trial system,summarize the relevant specific measures and the results achieved in the reform and the places worthy of reference It also analyzes the current reform dilemma in Guangxi,provides effective experience and Practice for promoting the national family trial reform,and makes clear the direction of deepening the reform of family trial.The third part is the theoretical and practical dilemma of family justice system reform in China.The first is the lack of theory in the reform of family justice system.Theory is the source and foundation of supporting system.Through the research on the legislation and judicature of family trial system in China,this paper analyzes the lack of theory and innovation in the field of family trial system in China.The second is the practical dilemma of family trial reform in China.Through a bit to face practical investigation,comparing with the current situation of domestic trial reform in China,it concludes that there are still a series of legislative and judicial dilemmas that can not be effectively solved in the reform of domestic trial in China,such as the difficulties in the application of family mediation law,the result oriented form,and the lack of specialization of domestic trial team.The fourth part is the specific suggestions to promote the reform of family justice system in China.Through data analysis and comparative analysis of Family Justice Reform in Guangxi's judicial horizon,after finding out the specific problems of family trial after the Reform Dilemma,it puts forward a series of targeted measures to establish independent family proceedings,improve the mediation mechanism before application,select and train professional marriage family judges,and promote the combination of Internet plus family trial,and deepen the longitudinal.It also provides measures and suggestions for the reform of national trial.
Keywords/Search Tags:Family trial reform, Guangxi family trial system, family trial procedure
PDF Full Text Request
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