Study On The Construction Of Family Court System

According to the data published by Supreme People’s Court shows that family casesgiven priority to the cases of marriage family and inheritance disputes has accounted formore than20%of civil cases in recent years.Duing to the large number and complicatedreasons, the family cases cause the family judgement into trouble. To solve thisproblem, many countries have established the family court. With the development ofone hundred years,the foreign family court system has become mature.Whether on onthe theoretical study or practice of set mode,jurisdiction and judicial personnel offamily court,all countries have established a complete system according to their ownnational conditions.Their establishing family courts have achieved sign success indealing with the identity of family disputes,professional,public and other complexfeatures. At present,China has not yet established the Family Court.This directly affectsthe quality and effect of the family trial in our country and causes the result of wastingjudicial resources.To think this as a starting point,the article will focus on hoping toestablish Chinese family court to construct the family court system of Chinesecharacteristics through analysising and comparising the setting mode of foreign FamillyCourt,combining the domestic existing preliminary exploration and according to China’sspecific national conditions to meet the needs of the family trial and realize the unity ofideal results of the judicial efficiency and the social effect on dealing with the familydisputes.This thesis is divided into five parts:The first part begins with the basic theory of family court system. This chapter pursuits to illustrate the features of family court which is different from the general civilcourt through the introducing the nature, function and value of family court.In thispaper,an overview of the family court in full-text is a foundational chapter,lay thefoundation of further discussion later.The second part is about comprehensive comparation and analysis of the foreignfamily court system.This chapter will compare the setting mode of the foreign familycourt by a comprehensive inspecting of the foreign family court system from two legalsystems of Anglo-American law system and continental law system to explore ourcountry family court set mode.The third part discusses the necessity of building a family court in China.At first, thepaper will comparaing the family disputes and civil cases to illustrate the familydisputes need to be special handlled because of thier speciality.Then the paper throughanalysising the present datas of the family disputes and the causes of the plight of thejudgemengt of the family disputes to demonstrate building a family court in China isurgent and necessery,conform to the trend of specialization judgement.The fourth part discusses the feasibility of building Chinese family court mainly fromfour aspects of theoretical preparation,foreign countries’ reference,practical foundationand the process of establishing the juvenile court on setting up family court.The fifth part discusses the vision of building Chinese family court system.Comparing setting models of foreign family court systems, combing with China’sspecific national conditions to analysis the causes of chosing to set family court inChina, this part discuss the preliminary conception of the family court on structure andjurisdiction.