The Family Litigation Procedure Research

Family procedure in order to adjust to the identity relations disputes, unlike other civildisputes, whether it is in the scope of the case, the value orientation, and follows procedures,there are many differences with the ordinary civil proceedings. The family procedure basedon relationship, feelings, affection and moral aspects, both in theoretical circles or in practicefor family procedure’s setting are in no doubt. Looking at the world, many countries haveestablished the family litigation process, while China has not established. With the economicand social development, China has entered a high stage of family cases, family proceduredifferent with the ordinary civil legal relationship, it can not completely disciplined by theparties; intense trial is not conducive to the family dispute’s proper settlement, and litigationefficiency made disputes which could be mitigated by mild manner further deterioration in thecourse of the proceedings of the "quick fix", easy to trigger other adverse social consequences,endangering public order, is not conducive to the building of a harmonious socialist society.Therefore, we must setup a special procedure applicable in family disputes. There aretwo main modes on the building of family proceedings in the world: separated legislativestyle in Japan, Germany, and Taiwan’s Independent Part, but combined with our country’sactual situation, there are many inadequacies of the separated legislative style in Japan: first,this theory in our country is still in the initial stage and make a law needs to invest a lot ofjudicial resources, operability, this model should be the future of family law litigationdeveloping direction. Therefore, China should be taken Germany’s modes, family procedureincluded in the Civil Procedure Independent, the advantages of select such a legislativesystem that not only make a clear and detailed provision for family event, while maintainingthe integrity of the Civil Procedure Law, and more importantly is easy to operate, feasible.Perfect family procedure should not just include legislative mode selection, should be amultifaceted content consisting of a complete system, the basic principles of family procedure,the scope of the case, and special system.