On The Construction Of Personnel Proceedings In Our Country

Personnel proceedings is a special procedure for marriage and family disputes which is established in Civil Procedure Law by most of Civil Law Countries. Today, civil and commercial disputes increase frequently, litigation activities become explode which make the Trial Court face with tremendous pressure. At the era of building the harmonious society by people-oriented, I think it is necessary to reference the foreign experience, and then build a convenient, fastly, user-friendly procedure to resolve marital and family disputes in our country, named personnel proceedings.The introduction of the thesis points out the limitation and shortcoming of personnel proceedings in China's judicial practice through analysis of a case and puts forward the academic issue of discussing personnel proceedings. This paper will begin from the concept, the characteristics, the principles, and the current legislative and practical stauts about personnel proceedings, and then pay more attention to the construction of personnel proceedings in china, including the fundamental conceptual of the personnel proceedings and several problems required special attention when setting the specific program. This thesis is divided into three chapters to study personnel proceedings:Chapter one"Characters of Personnel Proceedings". Firstly, it defines the conception of personnel proceedings and discusses the distinctive characters of personnesl proceedings. Secondly, it introduces the case regions about personnel proceedings. Finally, it puts emphasis on introduction of mode selection and especial principles about personnel proceedings.Chapter two"Current Legislative and Personnel Proceedings Actions Procedures in China."It mainly discusses the current practical and legislative status of the personnel proceedings in China. It also deeply analyzes the cause of the formation of the above current status from the view of historical background and judicial policy.Chapter three"Construction of the Personnel Proceedings in China."Frirst, it expatiates the conceptual basis of constructing personnel proceedings in China from the exist rationality, the purpose of construction and the procedure diversity. Secondly, it puts forward the primary idea of establishing personal status actions procedure in China and designs the basic systm frame. This part gradually projects and probes into relative systems based on the exact orientation of personnel proceedings and founded on the references of legislation experiences from other foreigh states and regions.