On The Construction Of Family Procedure In China

Family disputes which occurred between the parties who are linked by emotionalties is different from the ordinary Property disputes, how to resolute the familydispute with high levels directly linked to the stability of the family order andharmony. However, for a special case of family disputes, our country has no specificprovisions, is still using the common proceedings under the ordinary, which is notappropriate to the principle of family disputes including fairness, appropriate, timely,cheap, warm treatment and do not meet the symmetry of the action jurisprudence ofdiverse programs and procedures. Large family cases emerged, more and moreillness outbreak in the existing mode of trial, all these prompt China to make a familylitigation process more and more necessary. In judicial practice, courts across thecountry, especially in Guangdong Province has built seven pilot family courtproceedings started on the road to explore, and achieved some encouraging results. Tomake our country have strong and scientific establishment of family proceedings asearly as possible, from the basic theory of family litigation research, this article raise aview for the establishment of a special proceedings.Thesis consists of3chapters，including32000word.The first part, explore the GuangDong family court trial. Family proceedingshave become a real need to be built. Finding and solving problems. For familydisputes, the local court has begun to pilot the special family proceedings; the mosttypical is the GuangDong family court trial. This part makes a specific introduction ofthe background, philosophy concerning the family court trial and make field researchand a summary to make a more objective and comprehensive understanding of thefamily proceedings. And in this part of the final, according the existing deficiencies inthe family court trial, I put forward my own ideas and suggestions.The second part, an overview of family litigation. By comparing with thegeneral property disputes, family disputes have three special natures: emotionalfactors, privacy and welfare co-exist, and the results of future scalability. Then, thesisintroduced the concept of family litigation from the angle of connotation andextension. Meanwhile, combining the substantive law regulation, thesis identifies the scope of family trail special judge institutions, In China from our own nationalconditions.The third part, the construction of our family proceedings."Know yourself" isthe word of the Greek temple, and learn from any of the system and the theory is tosolve our own problems, so in learning, we must clarify our status. This sectiondescribes the judicial reality of marriage, adoption, parenting the three typical cases offamily disputes in a large number and complexity, which need a special program. Butthe judicial status not only has no specific procedure, and trial ideas, but also there area lot of ills. For example, civil and administrative dual management, no relative laws,etc. can not match to the existing family court cases. In addition, as a special part ofcivil procedure, the family proceedings still have to follow the basic theory of civilprocedure. Therefore, form the basic theory of the family proceedings; clarify theprinciple of authority Discovery, non-public trail, the parties’ capacity expansion, themediation front, the expansion of res judicata, centralized trail. As theory support,thesis make concrete construction in legislative model, jurisdiction, the partyconcerned, mediation system, limit the retrial, judgment system.