A Discussion On Establishment Of Our Own Family Litigation Procedure

The family litigation procedure not only contains the characteristics of ordinary civil procedure, but also has its own particularity. Since the family disputes often occur in the family relationship between relatives, they are generally connected with the emotional ties of marriage, blood, etc. If the judge is made only according to the ordinary procedure, the dispute is not good for family relations, it cannot obtain good social effects either. Therefore,it is necessary to formulate the litigation procedure which is used for the family cases, family disputes, aiming at the particularity of the family case. All these can help to solve the problems properly and maintain the family and social harmony at the same time. And the establishment of this procedure not only meets the requirement of perfect our country civil procedure, but also meets the requirement of developing our civil procedure law as a branch of learning. In our country, the current civil procedure law and relevant judicial explanation donot provide corresponding provisions, family litigation procedure in the practice of court is treated as the ordinary civil lawsuit, is not seperated from civil procedure law.In this article, investigation of the family litigation procedure of the two major legal systems in the world is observed, the analysis of current situation of family litigation procedure is done, the necessity and possibility of building our family litigation procedure in our country is elborated. And some superficial views and opinions are put forward to the research of family litigation procedure.This paper mainly consists of the following four parts: in the first part: an introduction of the family cases and family litigation procedure is made, mainly including the family cases and the concept and characteristics of the family litigation procedure.In the second part: the family litigation procedure of the two law systems is introduced, including, Germany, Japan, Britain and the United States, analyzing the characteristics of the family litigation procedure and significance to our country. In the third part: analysis of the current situation of the family litigation procedure in our country is made, mainly from the legislation status and the judicial status, analyzing the necessity and feasibility of constructing the family litigation procedure. At the last part: suggestions for building the family litigation procedure in our country are proposed. The main content includes two aspects: the principle and concrete system of constructing family litigation procedure is made to construct the family litigation procedure.