Study Of The Family Justice System

The paper gives a macroscropie study on family trial system at the level of judicialsystem. It has both theological significance and practical significance. Theologically, itstudies systematically family trial system and enriches the field of civil procedure ju-rispudence; practically, under the background of civil law reform, it provides availableplans for the specilized division of civil law.The paper is composed of five parts. Part one firstly gives a summary to the char-acteristics of family trial system, which are the main marks distinguished from the oth-er civil law procedures, especially the common contentious procedure. Then, it makesa preliminary boundary to the suitable sphere of family trial system.Part two discusses the thelogical bases for the building of family trial system. Thebasic basis for building family trial system is its object's particularity. Meanwhile, itmeets the needs of protecting family interet, social public welfare and the weak of afamily. More than that, the specialization of judicial system also needs special proce-dures to be built according to the characteristics of the cases themselves.Part three analyzes family trial system of the major countries in continental geneal-ogy of law and Anglo-American genealogy of law. Most foreign countries have theirown family trial systems which have a prosperous future. Among them, that of Japanand the United States are best. However, both of them have their own advantages anddisadvantages. So, when we borrow legal systern from other countries, we should notlimit our eyesight within one model of one country, What we should do is to find ad-vantages of every country.Started from the judicial systems of Ming Dynasty and Qing Dynasty which reflectfully the inheritance and traditional spirit of Chinese law, part four discusses the rela-tive legal systems of our country. In the history, both official organization and non-of-ficia1 organization and individual played important roIe in dea1ing with family cases. Af-te r the late of Qing Dynasty, the borrowing of western legal system did not change chi-nese traditional ways in dealing with family case rapidIy. In new China befOre reformand opening, the main way of dealing with family case is still the conciliation by bothgovernment and other organizations. In this sense, we can conculde that the traditionaIways centered with conciliation are still suitable in dealing with family case. However,things change after refOrm and opening of China. With the developing of socialist mar-ket economy, economic relation dispute has been increasing heavily. Furthermore, thetheories and rules borrowed from Western civil litigation form an impart on the tradi-tional legal mechanism and ways of China. And, judicial system in transfOrming periodshows imperfections in dealing with family case. Therefore, it is urgent to build newfamily trial system in China.In part five, the author of the paper, after having eva1uated the existed reformplans, put fOrward his own refOrm ones. They include the building of family trail act;setting up family court with family judge and the assistant workers; the participation ofthe prosecutor who is on the behalf of public welfare in the trial of family case; read-justment of the ways of conciliation in family court; and in order to co-operate familycourt, it should not only use the existed systems but also build new non--judicial orgain-zations to play the function of the alternative dispute resolution.