CHINA Trends and Developments Contributed by: Liang Han, Huiyun Gao, Jie Teng and Yanfei Zhang, King & Capital Law Firm
as top-level planning for family governance mechanisms, family office and family trust scheme design, and the drafting of family constitutions and trust documents for numerous domestic financial institutions and high net worth families. She has also provided legal services including asset management, due diligence, legal consultation and document review for many domestic financial institutions.
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Value orientation: state protection and extended judicial functions The establishment of a specialised family judicial model reflects the state’s emphasis on and interven ‑ tion in marriage and family relationships. Article 1041, paragraph 1 of the Civil Code explicitly proclaims the principle that “marriage and family are protected by the state”, strengthening the state’s recognition of the marital family relationship and highlighting the inter ‑ dependent and holistic nature of family members. Guided by this principle, family justice is no longer limited to merely resolving disputes but extends to comprehensive functions including healing family trauma, repairing family relationships and maintain ‑ ing family stability. Mechanism innovation: diversified family dispute resolution Another important trend in family justice is the con ‑ struction of a diversified dispute resolution mecha ‑ nism. The Supreme People’s Court’s “Opinions on Further Deepening the Reform of Family Trial Meth ‑ ods and Working Mechanisms” proposes establishing
The Transformation and Specialisation of China’s Matrimonial and Family Judicial Model Core transformation: from civil to specialised family trials With socio-economic development and changes in family structures, China’s matrimonial and family judicial model is undergoing a profound transforma ‑ tion. The core feature of this transformation is a shift from the traditional civil adjudication model towards the specialisation of family adjudication. The particu ‑ larities of family disputes dictate that they cannot be simply adjudicated using the rules for general contract or tort cases. Family cases involve personal relation ‑ ships, emotional factors and ethical considerations, necessitating specialised judicial institutions, pro ‑ cedural rules and adjudication concepts. In recent years, China’s court system has actively promoted the reform of family trial methods and working mecha ‑ nisms, establishing specialised family tribunals and forming adjudication teams composed of judges with expertise in psychology, sociology and other relevant fields, aiming to achieve specialisation, humanisation and socialisation in family adjudication.
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