On The Construction Of Personnel Proceeding In Our Country

Personnel proceedings is one of the special procedures in the field of Civil Law, it relates to the identity, it has many characteristics different from ordinary civil proceedings:the case of the range, the theoretical basis, functions, features, and so on. Therefore, many countries and regions in the world set up personnel proceedings, so as to solve the property relationship and identity relationship by two programs. Today our judicial made remarkable development, but there are still many deficiencies. Personnel litigation is the field of civil procedure law needs to be perfected. The construction of personnel proceedings is not only the requirement of perfecting the civil procedure, but also the need of the judicial practice.In this paper, I study the basis theory and comparison of different counties to make a systematic research of personnel proceedings. The purpose of the study is learning the personnel proceedings of each country, to have a multi-faceted knowledge from theory to practicing. Evoking more attention to personnel proceedings, increasing research efforts in this class system are my desires. I look forward to the birth of our unique personnel proceedings.This paper mainly divided into four parts, the main reads as follows:The first part is the basic theory of personnel proceedings. To acknowledge the definition of the personnel proceedings must clarify the relationship between "personnel action" and "family litigation". Identity relationship is the subject of litigation of personnel proceedings; family litigation's subject has a greater range include property relations. Personnel proceedings are particularly civil litigation procedures. Knowing the difference between the ordinary civil proceedings personnel procedures is helpful to understanding the personnel proceedings. In addition, personnel proceedings are different from other special procedures.Second, the establishment of personnel proceedings has its theoretical basis. The principle of diversification program, the principle of specialization program, the principle of non-litigation are the scientific rationale for the establishment and improvement of personnel proceedings, it has also the theoretical basis to learn personnel proceedings.Third, the paper tells us the functions of personnel proceedings. Personnel litigation procedure can solve family disputes, to adjust the relations of family, to protect the best interests of minors.Fourth, the personnel proceedings are special proceedings program, which has its own characteristics.The second part is mainly to summarize the differences and similarities of personnel litigation procedure from different nations. To learn the procedure from the legislation, organization setup and procedure related problems three aspects.The third part tells us the status of the personnel proceedings, the cause of problems, the necessity and feasibility of building the program.The fourth part is the simple idea to build the personnel proceedings in China. The personnel proceeding include legislative mode, case rang, special principle, court and basic provision.At last, the paper tells us the relationship of the personnel proceedings and other legal issues.