The Establishment Of Family Court In China

The family disputes are private, personal and emotional, which are different from the other civil disputes. Solving the family problems effectively is not only related to the interests of the litigants, but also related to the stability of the whole family and the harmony of the society. Based on the particularities of the family disputes, lots of Countries have family court, family judges and family trial procedure independently. But,Our country has not set up judicial organizations specially solving family disputes. In our country, the laws related to the family disputes are not systematic,not enough, which cause many negative impacts on justice. In order to save the judicial resources, improve the trail efficiency, resolve the legislative and judicial defects, realize the judicial professional and the disputes typological,we must set up the family court and equipped with professional judges and the specific law.In this way, we can realize the unity of legal effect and social effect.This paper studies from the overview of family court, via multiple angle,combines with the judicial actuality, and summarizes the necessity and feasibility of setting up family court in our country. The paper puts forward the following suggestions on setting up family court in our country:First, clear case scope of the family court. This paper by listing some cases,such as marriage cases, paternity cases, inheritance cases, adoption cases,to clear the case scope.Second, equip with professional judges. Because of the family disputes involving personal relationship,they are very complicated and need trial judges who have a family life experience, mediator who are good at psychological counseling,investigator who have executive Capacity.The three leaders responsible for the division of labor, cooperate with each other, and jointly promote the settlement of disputes.Third, reduce the proof standard of the family cases. Because the family cases are intimate and involve personal relationship, it is hard to prove.The court should reduce the proof standard in family violence.because of the social peculiarity of family cases, the author think the court should adopt the Untersuchungsgrundsatz. Finally,the family cases appear to be legal disputes,but they are emotional disputes.Mediation is the best way to solve the problems.