回複:羅丹會贍養費一案的爭議焦點以及所涉及的基本法理概念

來源: law111 2004-03-26 04:19:58 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1126 bytes)
You are absolutely right. As said before, the law is in the books and nicely stated. Presentation of evidence in court room is the key to swing the case. Emotion in court room and proper judge directions are also crucial.

I was also trying to bring another side of the case for all to consider: our basic and traditional moral standards. What Yuan Hemei asks for appears to be recognition of her parental status, and maybe a little more in monetary support which is minimal in U.S. I believe L.D. does not calculate the monetary aspect for support, but takes the forgiveness as the emotional and psych burden for which he may have no interest or responsibility. In all retrospect, this conflict can be and should be settled out of court in a sensible way. It is wonderful to see more and more people in China seek legal solutions for domestic matters in court. But at same time neglecting the fundmental function of a legal system: help both sides reach an agreement. Perhaps this is a part of the learning curve for all and is the natural consequence of correction (over-correction?) to the old system.

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