The Application Rules Of Exemplary Evidence In Family Procedure

With the advancement of the current family action reform,the court mediation to replace the trial according to law has become the main way to resolve the litigation dispute.In the family action,the limitations and shortcomings of one-sided pursuit of mediation are increasingly prominent.Therefore,it is necessary to reflect on the direction of family litigation reform,to achieve the legal dispute resolution in family action.In the process of family litigation,whether the parties to prove the facts to be confirmed,or the judge finds the facts of the case,all activities are carried out around the litigation evidence.The legalized settlement of disputes in family action depends on the proper use of evidence,and evidence is the core of the entire litigation activities.However,family disputes are different from ordinary civil disputes,and the particularity is mainly reflected in the difficulties of litigation.Therefore,in order to achieving the legal dispute resolution of family disputes,it is necessary to construct a family action law to prove the judicial mechanism,and construct the exemplary family action evidence application rules system,to guide the parties to collect and submit evidences and make the judge certification be normative.The main body of the article is divided into four parts.Firstly,summarize the exemplary evidence in family action,indicate the evidence used in the core position in the family action,and draw out the meaning of the exemplary evidence in family action.Secondly,analyze the legal status and causes of the using of the exemplary evidence in family action,namely the family evidence difficult.Thirdly,analyze the legal status and causes of the family evidence used,namely the family litigation evidence difficult.Not only the front part of the response,but also to the next part of constructing the using rules of the exemplary evidence in family action.The last but the most important,according to the family litigation process,construct the using rules of the exemplary evidence in family action,including the rule of confirming facts,the rules of submitting evidences,the rules of interpreting,the rules ofcertificating,etc,to set an example for the subject.