Research On The Construction Of Chinese Family Lawsuit Procedure

Family cases in family identity relation is derived out on the basis of the various disputes, family disputes also was regarded as the civil dispute is an important part of. But very few people will pay attention to the intrinsic attributes of family cases, are rarely studied in family conflict on family relations and social stability, the applicability of the current civil procedure law or could set up specialized procedure to deal with such cases have not been made careful thinking. With the continuous development of social economy, in the face of family cases, a large outbreak of social status, family procedure as a specialized treatment of family cases specialization trial procedure and perfect law of civil litigation system is important one annulus, gradually the attention of people.In two legal systems of the major countries and regions of the family procedure law, not only have the family cases special legislative and judicial organizations, and most of them set up special rules to improve the family procedure. For example, Japan under the influence of in traditional family values and the authority principle,to set the 《personnel procedural law》and establish the family court, equipped with professional trial judge family cases. While the Anglo-American law system of representatives of the United States, by its dual-track justice system and case law, only in federal and state law in terms of the scattered provisions of family cases in the rule of law, and along with the intensification of social conflict, advocate mediation and prosecutors involved in the special provisions of family cases, treatment the family disputes comprehensively.Along with the domestic contradiction quantity increase sharply, the family lawsuit procedure is set or not, related to the family members of the legitimate rights and interests can be effectively protected, related to family relationships and social public interests can be effectively maintained, refers to the civil procedure law professional development can be effectively grasp. In the face of domestic family legislation and the situation of lack of family trial system, to better design of our country family lawsuit procedure, must from" legislation" and" justice" in two aspects carries on the necessary inquiry.Due to the current civil procedure law respected the litigant principle, resulting in many family cases in the responsibility to the party, judge completely negative response to the trial process, plus the litigant right of the limited space, the law cannot maximize safeguard their legitimate rights and interests. And follow the authority principle can well promote family cases of justice, the maintenance of family social interests. And follow the authority principle can well promote family cases of justice, the maintenance of family social interests. China’s grass-roots court trial task increased year by year, and the judge is often busy busy again tried to mediate, family disputes in this highly specialized cases and the lack of professional knowledge to deal with, to a large extent can correct effectively solve family disputes involved the core contradiction. If the family procedure set up a specialized and professional family court judges, not only greatly shunt grass-roots court trial pressure, but also promote the family conflicts are scientific, reasonable solution. At the same time, in order to avoid the parties to the litigation against the already fragile relationship between family hurt again, in order to perfect the civil procedure law enforcement of the judgment on the legitimate rights and interests of litigants, attached to the mediation system in family cases in the flexible application and construction of family procedure rules of conduct preservation system, but also in the specific design needs to consider important content.