On The Personnel Proceedings

Personnel litigation procedure is a special procedure applicable to human body relation litigation established in the code of civil procedures of the civial law systems'countries exclusively relating to the common litigation procedure to resolve the property relation case. Our country code of civil procedures has no personnel litigation procedure, in fulfillment a flood of personnel litigation case takes up the common litigation in suitable for use procedure, it cannot fulfil human body relation litigation - special litigation object, so it is necessary for our country to set up the independent personnel litigation procedure. This text has inquired into the basic principle of the personnel litigation procedure and how to set up the personnel litigation procedure in our country code of civil procedures macroscopically. The text is comprised of four chapters.Chapter 1: A concept, characteristic for generalizing boundary settling personnel litigation procedure. The personnel litigation is a body concerning person a litigation for last right duty relation and a special civil procedure to handle relevant marriage, keep and raise, basic body a relation in parents and children relate to the dispute. The personnel litigation procedure is a procedure for applying the concerning personnel litigation case namely. Compared with the common litigation procedure and no litigation procedure the personnel litigation procedure has four notable characteristics: the limitative of the case scope,the body a relation litigation object has the public-spirited,applicable to litigation legal theory and no litigation legal theory interlaced,applicable to special procedure rule. The personnel litigation procedure belongs to the category of the special procedure in civil case in court.Chapter 2: it has introduced five nations with the personnel litigation procedure system of the region in two law systems detailed. Pass the analysis comparison, it is obvious all countries are not the same in their economy, culture prosper degree and history tradition, but they all treat personnel litigation case as the case of the special type applicable to the procedure suiting the special request of the dispute oneself. Each national characteristic personnel litigation procedure design and their provision of the scope to the case of the personnel litigation procedure deserve our country to consult.