On The Personnel Litigation Procedure In China

Personnel lawsuit also called on identity litigation, the personal relationship relations as the controlled member's lawsuit, mainly including marriage relationship litigation, parent-child relationship litigation, the adoptive relationship suit and raising relations litigation. In view of the particularity of personnel litigation in many countries and area has done a special personnel proceedings separate legislation or regulations, or in the law of civil lawsuit procedure codes. Personnel litigation procedure had become an important civil lawsuit procedure system, at present our country has no special personnel litigation procedure. And in today's society, the number of disputes, and increasingly, the subject of dispute, dispute reason, disputes such as the forms are present the trend that gives diversity, the diversification of civil disputes development will inevitably promote corresponding program design and build on the case, special nature needs to be designed special procedure to deal with. Along with the development of social economy and culture, the original civil normal procedure already cannot satisfy the needs in the lawsuit practice. Therefore, study designing our personnel litigation procedure is of important theoretical and practical significance. In this paper, first, the basic theory of personnel litigation procedure is discussed, and then from the continental law system and common law system of personnel litigation are simply described, and analyzes the present situation of lack of personnel litigation procedure establishment, demonstrates the feasibility of personnel litigation procedure in China, and finally puts forward some personnel procedural established some assumptions.