On The Establishment Of Family Proceedings

Family cases involve not only individual interest, but also the social weifare. Based on the special characteristics, many countries belonging two different legal system establish independent and specialized family proceedings.This paper makes a detailed study of family proceedings, hoping to provide reference to the construction of family proceedings in our country. The paper contains five parts. Part I introduces the basic theory of family proceedings. Firstly, it compares the appellation of family lawsuit to confirm its meaning and extension; and then it compares the family proceedings with relevant procedures;finally it analyzes the characteristics of family proceedings which are different from ordinary civil lawsuit and which are the reason to legislate and study family lawsuit as a special field of civil legislation. Part II studies overseas experience on family lawsuit legislative. overseas family proceedings have been half a century history, and are quite mature. In many countries, specialized family proceedings are used to deal with different kinds of marriage and family disputes comprehensively and systematically, and achieve good social effects. Different family proceedings in different countries have their own characteristics, these legislative experience provides good reference for our legislation. Part III first introduces the status of our family proceedings and the shortcomings of our current rules, and then analyzes the subjective and objective reasons why family proceedings are not established in China. Part IV analyzes the possibility and necessity to establish family proceedings in our country. This section analyzes that it is not only necessary but also feasible to establish family proceedings in our country from the aspects of theory and practice and so on. Part V makes suggestions and rule plans for the establishment of family proceedings in our country, and proposed the situation in which the family proceedings are used and the legislative models, the programs to set family trial institutions,and the specified contents of family proceedings.