Research On Judicial System Of Family Affairs

This paper is written according to such train of thought: firstly studying the basic theories of judicial system on family affairs, then systematically reviewing this judicial institution of other countries or region, and then investigating the history and present condition of this system in our country, discusses the necessity of setting up our family judicial institution ,fmally ,putting forward how to set up judicial system on family affairs in our country. This paper is divided into four chapters.Chapter 1 includes judging the institutional concept to the family affairs and differentiating and analyzing it with the personnel litigation procedure and noncontentious proceedings, and then including the characteristic of this system, in addition, taking which affairs suitable for this system into the study. This chapter also concerns taking legal theory of family affairs into expatiating .This chapter still analyzes the theories foundation to establish the judicial system of family affairs.Chapter 2 draws the following conclusion on the basic of comparing the family affairs legal system between common law system and case law system from the history> operation and developing trend. Though economy, degree of culture prospers and histories tradition of all countries are different, all of them notice the special of the family dispute and apply the special judicial system to handle the family disputes。And then discuss the experience of all the country for us to study.Chapter 3 investigates and reviews the history and present of our family judicial system, analyzes our current institutional irregularity, probes into the cause of our system imperfection, discusses the necessity of setting up our family judicial institution from four parts.Chapter 4 after having evaluated the existed reform, also puts forward how to set up our system. They include the building of family trail act; setting up family court with family judge and the assistant workers; rejustment of the ways of conciliation in family court; the participation of the prosecutor justment of the who is on the behalf of public welfare in the trial of family cases.