On The Specialization Of Trial Institutions In China 's Family

In recent years, with the rapid increase of China’s economic, the number of civil dispute cases in our country is also increasing significantly. On this background, dealing with family cases is facing great challenge. "Family cases" mainly refer to the inheritance cases, divorce cases and other related disputes between relatives, including the identity dispute and relative status as the basis of property disputes. Family trial in our country faces many bottlenecks. But at the same time, we have made many beneficial attempts.There is debate about the necessity of our specialized family judicial institutions in academic circles. Base on the analysis of specialized family court of developed countries, the experiences can help us understand the necessity.This paper is divided into five parts, with the domestic trial bottleneck and practice of "innovation" as clues.We discusses the specialization of our family judicial institutions.The first part analyzes the bottlenecks of China’s domestic trial experience from three aspects of domestic trial procedure, the court mediation and court enforcement.Through the analysis,we propose the research topic. The second part introduces the innovation practice in China,the establishment of specialized institutions to make the family trial.At last,we summarize the corresponding experiences and shortcomings to provide a realistic basis for the following analysis. The third part analyses the necessity of specialized institutions of family judgment from the view of theoretical research.We start from the special nature of the family trial analysis, then extend to the limitations of court dealing with the traditional family cases. The fourth part carries on the analysis of domestic trial procedure and system of mature outside cases, from four aspects of legislation, jurisdiction, trial subject and procedure. Finally,according to the current situation and existing problems of domestic trial, we put forward the corresponding countermeasures and suggestions in our country’s judicial institutions,based on theoretical analysis and mature experiences.This paper argues that for the specialization of our domestic family judicial institutions, first of all is that our country must carry on the independent family judicial legislation.Considering the national conditions,in the construction process of the NPC Law Committee of the "Civil Procedure Law", we can set up a separate family litigation as a series of "civil procedure". Secondly, for the problem of mechanism in the process of trial, China will combine the foreign family trial system with China’s national conditions, taking the path of building a clear goal. Finally, in the process of pushing forward the reform of the family courts and judicial body,we should adhere to the multi-level and diversified development.