Study Of Family Trial Procedures

Family procedure has a view to maintain the steadiness of family which is a special procedure reflecting the national moderate intervention. The procedure's object is Status Familiae, cases of this kind involve family members'interests and relate to society order at the same time, All these aspects require the court to assist and supervise. In the light of the specialty in family matters, countries formulate family procedure different from the common civil procedure in order to meet family matters requirement. In trial practice in our country , the family marriages cases have the same procedure as property protect. And this is not reasonable, because the latter one's open, fierceness and antagonism do not fit for the former one, through this way the parties privacy can not be protected and the nation's special protect and supervision to such matters can not be reflected. Family procedure's formulation includes profound affection in procedure law, relating to problems such as civil procedure structure and system, doctrine of function and power, alternate application between cententious jurisprudence and noncententious jurisprudence ect.. The passage is founded on the basis of analysis on family procedure theory and practice in foreign countries, then propose the feasible modal for our country.The whole passage has five parts including foreword, about 48000 words.Part one Introduction to family procedure. First is the definition , impressing that family procedure here is not refering to those traditional cententious procedure or noncententious procedure. It is a new civil procedure modal uniting those two ones and alternating application to the individual case extent.Part two Analysis on family procedure value. This part points out 1, the foundation of family procedure is that each familyis important to society 2, material justice and vague rules need discretion to adjust so that the parties interests can be protected.Part three History of family procedure and comparative between commom law system and case law system. From the history operation and developing trend, we conclude that the layer using power to maintain the steadiness of family is our mutual intention.Part four Scrutiny of the articles set in our laws and the advice, first examine the exiting stipulations, find out deformities and explain the causes, then appeal an evolution. At last, author put forward some advice to perfect the family procedures in our country.