Construction Of Family Proceedings In China

Family court case is different from ordinary property dispute litigation. It is thelitigation dispute caused by the basis of identity relationship. Based on the status that alarge number of family cases are emerged in China, and civil substantive law and civillitigation get out of touch, many new types of family cases could not be solved well. Itis not conducive to protect the substantive right and litigation right of parties, and thepublic interest of the society as well as social stability and harmony. The emergence ofa large number of family cases need the legislators give sufficient attention.The article on the basic theory of the family litigation on process analysis, with athick pen and ink with the family litigation process similar to the concept of doing ageneral discrimination,for China's national conditions and people's habits of languagedoes not apply in China reveals the expression "personnel proceedings," the title ofseveral reasons. Outside the family for the success of the proceedings summarizes thecharacteristics of the system to be refined, to prepare for our building program to learnthe family litigation. Examine the status of our country found in the existing law onthe basis of the program lag has been unable to meet large numbers of new familycases, so our construction family proceedings were necessary and feasible. Finally, theauthor of China's national conditions for the construction of the family litigationprocess for our initial ideas put forward, the prosecutors involved in familyproceedings is a major highlight of the article.In addition, the complexity of family cases for medition and non-confrontationalprovide a basis for application of the system, the introduction of mediation in familyproceedings,pre-system,fully resolve family disputes,which is China's construction ofthe family litigation process must be taken into account.