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Family proceedings

Author: WuHuiFang
Tutor: SongChaoWu
School: China University of Political Science
Course: Procedural Law
Keywords: Family proceedings Terms of reference ' Family Mediation Parties to the theory
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 158
Quote: 0
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Abstract


Family proceedings as the procedures to resolve family disputes, a special civil proceedings. In this paper, the method of comparison to historical methods and empirical methods, analysis of the basic problems of the family litigation process, the necessity and feasibility on the basis of family proceedings legislation the status quo, build, focus on how to build our Family proceedings preliminary exploration, and conducted in-depth analysis of specific issues in the building, offering a force to build our specialized family proceedings. Text of this paper is divided into four parts, the main contents are: Chapter I: Family proceedings Overview. Based on our country has no specific legislative provisions on family proceedings, family proceedings is only a theoretical concept, while abroad, although the relevant legislation, but the name of the family litigation process, the scope of application is not the same. Therefore, this chapter first of all start from the analysis of foreign object on the adjustment of the family litigation process, and then summed up the article discusses the \Secondly, in the analysis of the doctrinal based on the concept of family proceedings, summed up the connotation of the family litigation process discussed in this article. Finally, noting that the position and nature of family proceedings due to China's Civil Procedure. Chapter Two: China's family proceedings legislation. Although our country has no specialized family proceedings, but there are special provisions on family proceedings in the relevant legislation. This chapter first introduces China's Civil Procedure Law, the special provisions of the \Followed by analysis of the problems in the legislative status quo, for example, provisions, bulk regulations, not the system, lack of interoperability difficult to achieve the value of family proceedings. The final analysis of the reasons for this situation to analyze, mainly from three aspects of the impact of legal culture, the impact of terms of reference pattern of litigation, the lack of theoretical research. Chapter III: Building a family proceedings necessary. First, the present is necessary to establish the family litigation process, mainly because of the special nature of family disputes, specifically litigation value of family proceedings and suing the needs of the practice of judicial reform; Second, the construction of the family litigation process is feasible. Mainly has a reasonable legal basis, the relevant legislative, judicial experience and a mature foreign legislative experience. Chapter 4: Construction of family proceedings. First of all, before building specialized family proceedings, must consider the nature of family proceedings, to build the purpose and legislative cases. Second, the basic principles of family proceedings. Including the terms of principle and the principle of non-public trial. Terms of doctrine, introduced the concept and legislative provisions on the basis that the powers' can be exercised only under the legislation is clearly defined, and by the way of the command to request the parties or procuratorial organs to exercise; in the law does not specify the case, the judge can not exercise direct authority, but should be exercised indirectly through the Interpretation such as the right; the principle of non-public trial, stressed that the scope of application should be expanded at the same time, that should be non-public trial, the scope of the principle is not limited to the trial proceedings. should also include the documents and materials relating to the case. Again, the basic system requirements of the family proceedings. Mainly from four aspects, three levels to introduce. On domestic and international legislation on the basis of the mediation system, party system, the procuratorial organs involved in the system and centralized trial system, were proposed to the embodiment of the related systems in the type of specific family disputes, thus forming a right to build our family litigation. procedures for the basic outline of the argument and analysis.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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