Research Of Family Litigation Procedure

Judicial power includes contentious jurisdiction and non-contentious jurisdiction. In China, contentious procedure has always been the center of civil procedure. Although this is an age-old problem, China has never established a specific family procedure for special family cases. In addition, special legislation, organization and personnel are also absent for family cases. This neither accords with the judicial specialization and categorization of China, nor conforms to the trend that other countries and regions have successively established special family procedure.Family dispute lawsuit includes dispute lawsuit in personal and property relations. Personal- relation dispute lawsuit consists of dispute lawsuit in rights of spouse, parentalright dispute lawsuit, and relative-right dispute lawsuit. Property-relation dispute lawsuit includes dispute lawsuit in marital property relationship and dispute lawsuit in divorcing property distribution. A good knowledge of the range family dispute lawsuit covers will facilitate us to formulate applicable family proceedings and contribute to satisfactory settlement of family disputes. Family dispute proceedings refer to a series of activities smoothly launched by judges in collaboration with dispute subjects, aiming to dissolve family disputes. Different from non-contentious family proceedings, family dispute proceedings have its own uniqueness and role definition.As for family dispute proceedings, the focus should be on reaching consensus, mediation priority, integrative handling, guaranteed rights of proceeding subjects, combination of ex officio doctrine and doctrine of disposition, and non-publicity principle. Family dispute proceedings should give special considerations to the demands of parties involved, the integration, combination and separation of family disputes, proper qualifications of parties involved, capacity to action, probative force, the establishment of family court, etc. On the one hand, there is a need to establish family dispute proceedings in China; on the other hand, relevant theoretical and practical basis has been available. It is suggested that independent and professional family dispute proceedings should be constructed based on Chinese civil procedure law.