A Discussion On Establishment Of Our Own Family Litigation Procedure

The family, which is family matters from its literal meaning to understand, while the familydispute is related to the members of the family and property. The parties of family disputes are notonly different from the parties of the ordinary civil disputes, but the matters of family were tag on aspecial emotion because of the family dispute parties. Family is the basic unit of society. Allrelationships and disputes are supported by family which is closely related to public welfare andeven the whole society order. From the perspective of civil procedural law, family dispute is calledfamily event, both include family litigation and non-litigation events. Because the family events areinvolving the interests of a wide range and deep impact, as far back as nineteenth Century, theGerman legislation began to concern the family event. But even now our country’s legislation hasnot made any special provision on the family event. The writer hopes that through the introductionof the legislation in foreign countries, and the analysis of the current status of our family disputes,and then urge China’s legislature to pay more attention on domestic legislation. By reason that thelimited capacity of author, the author makes a study on the family event and the procedure dealwith family dispute.The article is concluded for the four parts of writing. In the first part, the author makes a basicintroduction to the existing family litigation system. After the author make a definition of thedifference between family litigation and the personnel litigation, the author also make a definitionof family litigation process and the introduction of its scope, trial organization and the special rules.In the second part, the author analyzes the necessity of setting up the family litigation procedure inour country from the fact of family event, the characteristics and the status of civil litigation modeconversion. In this part, the author explore whether China has the possibility to set up the familyprocedure from the theory and practice in a deeper level. The author concluded in the second partof the argument, China is not only already qualified to set up the family procedure, but also has theurgent need. In the third part, the author mainly discussed the legislative value orientation,legislative mode and the basic principle of family litigation procedure in our country. The valuegoal of family procedure is to protect the interests of vulnerable members in family, maintain thestability of family relationship. To take the family litigation cases into family litigation procedurecan improve the efficiency and relieve the working pressure of the trial judge. In the fourth part, the author puts forward the specific procedural designing of China’s independent family litigationprocedure, which is mainly aimed at the application of different rules between the family litigationand the ordinary civil litigation, and then put forward some suggestions and ideas.