On The Contentious Procedure Of Personal Status Relationship

The contentious procedure of personal status relationship is a kind of proceedings relevant to status of natural persons in families which is established in the code of civil procedure of the civil law countries.In many civil law countries and regions, the contentious procedure of personal status relationship has its own proceedings besides the general proceedings in the Code of Civil Procedure. The significance of this special proceedings is that it can resolve the disputes completely in accordance with their characteristics, and improve the efficiency of the proceedings as well. In China, there are also some similar disputes, but there are no special proceedings and all of them apply to the general proceedings. Thus, it turns out to be unsatisfactory legal and social effect because this proceedings do not fit the kinds of disputes very well. As time goes by, the cases on kinship relationship are on the rise, and considering the current common proceedings can not meet the needs of handling these cases effectively, it is necessary to introduce and implant the contentious procedure of personal status relationship.Besides the introduction and the conclusion parts, this thesis is divided into five parts.The introduction part illustrates basic meanings of the contentious procedure of personal status relationship, and the fact that it is paid little attention either in theory or in practice in our country. This leads to several issues about the contentious procedure of personal status relationship which this paper will focus on.Part I gives a more proper definition of the contentious procedure of personal status relationship by making a comparison among the two relevant concepts--status relationship and family relations litigation proceedings. Thus it gives the background for further discussion.Part II makes a detailed comparison among the proceedings of Germany, Japan, Taiwan and the United States. Then we can see there are some similarities and differences in the proceedings of the four countries and regions. Thus we can see it in rational, intuitive and multiple views and get a comprehensive and profound understanding.Part III introduces the history and the present of the contentious procedure of personal status relationship in China. And then it analyzes the reasons for lack of the procedure.Part IV gives a detailed analysis of the necessity and feasibility of building up the contentious procedure of personal status relationship in China.Part V puts forward some schemes to perfect the procedure on the basis of the analysis above and the current legislative and judicial status of the proceedings in China.The conclusion part sums up the above, and emphasizes once again that it is necessary and urgent for China to learn more experiences from other countries and make good use of the local resources, and construct its own contentious procedure of personal status relationship .