Research On Family Litigation Procedure

Personnel litigation mainly deals with personal disputes in family cases.Family litigation procedures resolve the disputes about personal relations and property relations in the marriage.Family dispute resolution is different from ordinary civil dispute in the nature of the case and the characteristics of the case significantly.We have not set up the family proceedings.And the number of China’s family disputes grows so much,while there are 3.841 million couples got a divorce in 2015,which the rate of divorce raised to 5.6%.The new types of family disputes appear with the change of the concept about child-bearing,which needs the new method to solve the problems.Moreover the new method is different from the ordinary civil proceedings in principle and the mind.Family dispute belongs to conflict or contradiction around the family,which does not have irreconcilable.The main principle of eliminate the dispute is recovering the relationship of family members to be harmonious which the family used to be.We should pay more attention to privacy protection in the family dispute,and the teenagers need more protection too.The change of the family members makes an effect to the type of the family dispute.The existing civil laws can not solve the problems with the development of family cases in China,so we need to learn from the United States,the United States,Germany,other countries or regions.Learning their experience of solving relevant family proceedings and the legislation.Summarizing the experience of our history about family disputes.Combining the existing successful experience of our country in the reform of family trial with the suggestions of scholars,and putting forward the preliminary conception of constructing our family litigation procedure.We should establish the special family procedure law,which to set the special principles of family cases and make a different way from ordinary civil procedure law in evidence to review the fact.Setting special institutions to protect the legal rights about the women,the elderly or the children in the case.And the prosecution may play a important role in the family cases.