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Xu Shanghao: Let Individuals Return to the Family

Abstract: As a form of “partial society”, the family society is characterized by the fact that the family members’ contacts are based on their roles, not the legal rights and obligations. Such extra-legal characteristic is the precondition for its formation and existence. When individuals form a family, disputes between members cannot be treated separately from the background of the whole family. The practice regarding family disputes as disputes between independent individuals actually violates the basic logic of the family society. The main point of family dispute resolution is to clarify the relationship and roles among family members, which need be based on the present and face the future but is essentially different from the common civil and commercial dispute resolution which requires to tell right from wrong in the past events. In view of the extra-legal characteristic of family disputes, family procedures should be established through seeking a non-judicial path that matches them and placing individuals in the background of family, which is the only way of truly matching the essence of resolving family disputes.


Keywords: Family Society; Family Disputes; Family Procedures; Non-judicial


(Editor: XU JING)

 
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