The Construction Of The Personal Status Actions Procedure

The personal status actions procedure is a special procedure professionally dealing with the personal status actions, it is different from normal civil procedure. That object of action of Personal status actions is related to particular identity and relationship is unique. This paper first discusses the basic theory of personal status actions,defines corrrelated conceptes and analyzes the characteristics,basis principle of law and value of personal status actions, which is the fundamental reason of the construction of personal status actions procedure. Secondly, this paper introduces the related rules of two legal systems and studies the different features of legislation between continental legal system and Anglo-American legal system to have a better understanding of foreign legislation and provide the basis for drawing on the experience of foreign countries. Thirdly, it studies home legislation and necessity of the construction of personal status actions procedure. Finally it explores the idea of the construction of personal status actions procedure considering the specific situation of China.This thesis is divided into four chapters, the main content are as follows.The first part analyzes the basic theoretical issues of personal status actions procedure. It first discusses the concept of personal status actions from three different angles and raises the opinion of this paper. then it analyzes the characteristics of the personal status actions procedure, which determines the distinction with ordinary proceedings. It is the fundamental basis for the construction of personal status actions procedure. Thirdly, this part discusses the legal basis of personal status actions procedure and the principle of procedural symmetry. Finally, it analyzes the value of establishing this procedure, fair value and efficiency value are the core ones.The second part compares and analyzes the basic theroies of two legal systems, such as legislative pattern,area of application,adjudicatory agency and principles, then analyzes legistration situation and effect of some countries to get some basis for the construction of personal status actions procedure.The third discusses China's current relevant legislation mainly involving prosecution system, evidence of the system and so on. These provisions are scattered among the Civil Procedure Law and its judicial interpretation, Marriage Law and its judicial interpretation and other normative documents. The content focuses on the marriage cases but lack of parent-child relationship. Overall conclusion is that our personal status actions law legislation is scattered, legislation is not systematic and complete, there are many content needing to be improved.The fourth puts forward the basic system frame of personal status actions procedure combining the specific situation of China with foreign legislative pattern,including legislative patterrn,scope of application,the trial institutions,principles,rules and other issues, meanwhile it analysis the reasons for building these systems.