Abstract
Family cases are different from ordinary civil cases in that they have their own ethical solutions. The traditional Chinese law deals with family disputes focusing on reason law, while legal reform uses the legal technical rationality to weaken the ethical attributes. The current reform of the family trials in China is based on the experience of the extraterritorial law, and gives due consideration to the return of the family-based standard, paying attention to the rights of under-age children. Around this goal, issues such as the resolution principles and procedures of family disputes should be adjusted.
Highlights
IntroductionFamily disputes are related to morality. The resolution of family disputes fully demonstrates the power unifying the rule of virtue and of law
From ancient to modern, family disputes are related to morality
In the current new era, China government has repeatedly raised the importance of the family tradition construction and called for “focusing on the family, family education, family tradition and family civilization construction." Under this guidance, the Supreme Court has fully promoted the reform of the family trial method, and Hebei Province has decided 2018 as a year to fully advance the family trial reform
Summary
Family disputes are related to morality. The resolution of family disputes fully demonstrates the power unifying the rule of virtue and of law. (Chen, 2010) As for the issues of family trial, scholars often start from the path of trial reform, paying attention to the direction and concept of trial reform, and to the construction of family court and the selection and appointment of family judges. (Cao, 2016) In summary, the domestic scholars' comparative study of family disputes focuses on the comparison with extraterritorial laws, and lacks sufficient attention to the traditional reason laws in China. The studies lack attention to the practice of modern civil national adjudication practice and the changes of the family adjudication since the reform and opening up and the content focuses on the study of specific systems, paying little attention to the family dispute resolution concepts and the convergence of multiple dispute resolution mechanisms. Scholars' research has more to do with the tradition of national law and has paid more attention to the protection of the vulnerable groups in the family
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
