Our Family Litigation System Construction

The family is the basic unit of society and the foundation of social stability. In view of family disputes particularity, as well as in recent years of marriage and family disputes are the new trend, it is necessary to establish a special litigation system to solve this kind of case. All the countries in the world are against marriage and family disputes and design characteristic family procedure, this paper intends to discuss the family affairs lawsuit system in our country, in order to judicial specialization provides a reference scheme.This article mainly includes five parts.The first part, introduction of family litigation system implication and basic legal principle, first analyzes the family event characteristics, clear family litigation system implication; then the family litigation and civil litigation, non-litigation procedure, common procedure of personnel litigation a comparative analysis, the further understanding of family litigation system; finally, the family affairs lawsuit system applies the basic principle, symmetry principle, procedure principle and the principle of law and the procedure of the plurality of non-lawsuit legal staggered suitable principle.The second part, introduced our country family event mechanism to solve the history, put forward our country family litigation status.From our country ancient times the family affairs lawsuit to after the founding of new China the family dispute resolution mechanism of historical analysis, put forward our country clearly to the family affairs lawsuit legislation and practice.The third part, legal action system advanced experience summing up and summing up abroad family matters compose in reply achievement, legal action system structure builds for family matters of our country provide rich draw a data outside the border.The fourth part, difference set up family matters from aspect analysis such as theory, practice in our country legal action system is that necessary being also is feasible not only.The fifth part, legal action system puts forward a proposal and system designs that in order our country structures family matters. Suggest that family matters legal action system legislation suitable for use pattern, interpose family matters trying the organization scheme, as well as family matters concrete system of contentious procedure waits for content.