2000 Fiscal Year Final Research Report Summary
A Comparative Study on Family Disputes Resolution in Rural Areas under the Era of Globalisation
| Project/Area Number |
11620004
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Niigata University |
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Principal Investigator |
MINAMIKATA Satoshi Faculty of Law, Niigata University, Professor, 法学部, 教授 (70125805)
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| Co-Investigator(Kenkyū-buntansha) |
KUNIYA Satoshi Faculty of Law, Niigata University, Professor, 法学部, 教授 (90234468)
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| Project Period (FY) |
1999 – 2000
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| Keywords | Globalisation / Family disputes / Chinese family law / Support system / Culture conflicts / Best interest of the child / Divorce grounds / Property settlements |
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| Research Abstract |
The aim of this project was to examine what difficulties the foreign people, especially couples of a Japanese and non-Japanese and families consisting of Japanese and non-Japanese members encounter and how they resolve their problems in everyday life in the globalisation era. Though there are great gaps of Japanese and non-Japanese attitudes towards family life, divorce has been increasing in many societies. After two years research, the followings are the findings : (1) In China, the family law is now under revising process due to the significant social changes after the government started the open market policy that have affected family life. As a result, people's attitudes toward marriage and divorce are changing, in particular in terms of financial settlements on divorce, which lead to examining the judicial interpretation at divorce courts. (2) When a child is involved in divorce, it is required to decide which parent should retain the parental responsibilities after divorce. In the case of a mixed marriage, the fact that one parent is a non-Japanese may be, perhaps, a factor to make a decision above. In practice, it is uncommon for the court to make such decision according to the fact that the parent is not a Japanese but by considering all aspects of the case relating to the welfare of the child. (3) In order to support mixed marriage families living in rural areas, sufficient language assistance (to learn Japanese) seem to be critical one not only promoting communication within the family but also maintain good relationship with neighbours and useful institutions.
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