Study On Family Procedure

Family procedure has a view to maintain the steadiness of family. It is a special procedure reflecting the national moderate intervention. Many countries formulate family procedure different from the common civil procedure in order to meet family matters requirement. The paper is written according to this thought:Firstly, studying the basic theories of family procedure, then reviewing the practice of family procedure in other countries, then investigating the present condition of this system in our country, finally putting forward to how to set up family procedure of our country. This paper is divided into four parts.Part one includes judging the concept of family procedure and differentiating and analyzing it with the personnel litigation proceedings, and then impressing that family procedure here is not referring to those traditional centeatious procedure or noncententious procedure. The passage also includes the value of family procedure, impressing that family procedure should meet the unique requirements of family affairs including its characteristics.Part two draws the following conclusion on the basic of comparing the family procedure in other countries:Though economy and degree of culture of prospers of all countries are different, they all notice the special of family affairs, and apply the special procedure to handle the family disputes. However the degree of the specialization in family legal system of all countries is different, there are some diversities in the following aspects:family procedural law of formulation, family court of establishment, family judge of provided. They all provide some experience for us.Part three investigates and reviews the present of our family procedure, analyzes our current institutional irregularity, probes into the cause of our system imperfection, also discusses the necessity of setting up our family judicial institution.Part four puts forward some advice to perfect the family procedures in our country. It puts forward feasible plan or thinking, aiming at the establishment of our family procedure and family court and the constitution of work community in family court family procedural according to our country actual conditions.