2006 Fiscal Year Final Research Report Summary
Research on Family Dispute Resolution in China
| Project/Area Number |
16530004
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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 |
KUNIYA Satoshi Niigata University, Institute of Humanities, Social Sciences and Education, Professor, 人文社会・教育科学系, 教授 (90234468)
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| Co-Investigator(Kenkyū-buntansha) |
MINAMIKATA Satoshi Niigata University, Institute of Humanities, Social Sciences and Education, Professor, 人文社会・教育科学系, 教授 (70125805)
OKA Ayako Niigata University, Institute of Humanities, Social Sciences and Education, Assistant, 人文社会・教育科学系, 助手 (50203956)
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| Project Period (FY) |
2004 – 2006
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| Keywords | family dispute in China / dispute resolution / reform of the judicial system / mediation / Chinese family law / civil procedure in China |
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| Research Abstract |
The purpose of this research project is to illustrate the characteristics of the basic scheme and procedures for resolving family disputes in China. The findings relating to the stated aims of the research project are as follows :
Firstly, the examination of the current Acts and judicial system in China, shows that the scheme and procedures of mediation for family matters have been improved due to the recent reform of the judicial system.
Secondly, with respect to family disputes, within the current administration of the judiciary, procedures of dispute resolution are seen to be separated into a number of areas relating to, for example : settlement in court, mediation and litigation, and the utilization and emphasis on ADR (settlement and mediation in out-of-court settings). It may also be argued that both in-court and out-of-court mediation brings about effective settlements of family conflicts. Litigation, however, is likely to be used to a greater degree for dispute resolution in the future, where mediation in the middle of a litigation process will become an important factor.
Thirdly, whilst procedures relating to divorce mediation and litigation are carried out separately in Japan, under an umbrella of a family court, in accordance with the revised Personal Litigation Act 2003, the same procedures are not independent of each other in China. It may also be said that specific schemes or special procedures are not currently available in China for family disputes, but a new system may be implemented sometime in the future.
Fourthly, legal criteria for dispute resolution are applied not only in court, but also for out-of-court settlements. The legal criteria in question, whose basic principles and contents have been merely laid down, are then finally established by the court that usually declares unified interpretation of provisions of Acts.
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