Research On Personnel Litigation Procedure

The term "personnel litigation" is from the law and legal theory of civil law countries. Personnel litigation deal with one's human body relations. It takes a special litigation procedure—personnel litigation procedure which aims to protect one's basic human body relations and reflects the proper national intervention of marriage and generational relations. The procedure takes human body relations as adjusting target. The result got by the procedure is related to not only individual and other people's benefit but also the social welfare. So it is necessary to put the authority discovery into force. It is precisely because of the personality characteristics of personnel litigation cases, two legal civil trials in many countries have set up personnel litigation procedures different from the ordinary litigation procedures to meet special needs of various types of personnel litigation cases for procedures. However, China's judicial practice mostly adopts ordinary litigation procedures used for hearing property relations cases to hear personnel litigation cases. But the open and adversarial legal procedures of ordinary litigation are obviously not conductive to the settlement of human body relations or the production of privacy on the parties. In view of this, it is necessary to have a systematic research on personnel litigation procedures on which I try to make an exploration. This thesis firstly, starting with the concept of personnel litigation as defined, discusses the legal basis set up by personnel litigation procedures, and secondly, on the basis of the two legal countries' mature experience about personnel litigation procedures, observes our country's settlement of human body relations cases with personnel litigation procedures, and finally proposes the idea of setting up the personnel litigation procedures of our country. It is hoped that the research can play a positive role in the study of our country's personnel litigation procedures.