On The Construction Of Family Procedure In Our Country

The family litigation procedure as a kind of process, solve the family casebelongs to a special kind of civil procedure. Current our country civil procedure lawdoes not build independent family litigation procedure, the nature of the family casesand the characteristics of the family proceedings are lack of system and in-depthresearch; In judicial practice, follow the general rules of civil litigation case, this isnot conducive to protect the privacy of the family of litigant is unfavorable tomaintain the stability of the family and society.Family cases different from general civil cases, shall be in accordance with thenature and features of the family case is suitable for various procedure accordingly. Inthis paper, through the analysis of the necessity and feasibility of housekeepingprocedure, and points out that in the judicial practice problems existing in the processof family cases in our country, and from the perspective of professional family casetrial, at first, on the basis of the civil procedure law in our country the present popularfamily trial collegial panel trial practice and successful experience outside, toconceive of building the family litigation procedure in our country, put forward thefamily proceedings should be different from the general civil procedure, hope toprovide reference for constructing the family litigation procedure in China.This article except introduction and conclusion altogether three parts, the maincontent is as follows:The first part from the concept and significance of the family litigation procedure,analyze the necessity and feasibility of constructing the family proceedings. From thenature of the family case itself requirements, ensure the smooth implementation ofsubstantive law, the need of solving the huge number of the family needs the threeaspects of case discusses the necessity of constructing the family litigation procedurein our country, and from theoretical basis, legislative and judicial practice andsuccessful experience outside the three aspects discussed the feasibility ofconstructing the family litigation procedure in China.The second part combined with the current judicial practice in our country,analyzes problems existing in the process of family cases in China. Respectively forthe lack of independent family chores cases proceedings, family courts have nounique principle, there is no specific housekeeping chores cases judicial institutions,the family cases lack of operability of the family preservation regulation, imperfectfamily cases special provisions shall be applicable to the analysis of the five aspects of problems.In the third part of the judicial practice in China in the family courts processexisting problems, and explore the pilot practice in our country and the successfulexperience of outside, put forward the suitable for the specific circumstances of thefamily litigation procedure in China. Respectively from the family proceedingslegislation system, basic principle, the family of judicial institutions, the familypreservation and other special provisions of the five aspects of content to conceiveand build.