On The Legislative Construction Of The Specialization Of Civil Family Trials In China

Family disputes are all kinds of conflicts arising from family identity,so family disputes are a key part of civil disputes.Inner characteristics,at present,the family case to the attention of family relationships and the influence of social stability is low,the family can apply to the current case of civilian law related literature rarely,whether shall set up specifically for housework case to trial procedure such as thinking to explore.With the gradual development of economic society,the society the family cases occur frequently,the family trial as a professional trial procedures to handle the family case slowly brought to the attention of the people,it has also become the key point of improving civilian law system.The trial procedure in our country is not fully established for housework case trial procedure,no housework,case characteristics and the trial program has the characteristics of an in-depth and comprehensive research;In judicial practice,it is not only harmful to the settlement and disposal of family cases,but also to the harmony and stability of family and society.In the procedure of adjudication,family cases and ordinary civil cases should be distinguished,and the characteristics and nature of family cases should be attached more importance to the trial procedure.From some main countries and regions in the two law systems seen in family trial law,not only have a special case of legislative and judicial agencies to deal with the housework,also make the special provisions supplementary housework trial procedure.In the case of Japan,which is influenced by the traditional family and the influence of the functions and powers,it is stipulated in the code of law that a family court is set up and the professional judge hears the case of family affairs.The United States is typical of Anglo-American law system countries,because of the influence of case law and the judicial system are applicable,only in the laws and regulations issued by the federal and every two weeks to deal with the housework made sporadic rules of trial procedure.These family case management rules that the previous experience in the construction of China's construction of the procedure of the procedure cannot be ignored.With the increasing of the family number of cases in the society,the family of trial procedure set by the people's attention,it is hoped that through special procedure set to safeguard the legitimate rights and interests of members of the family,maintain the stability of the society and family,to our country civil procedure law professional development path.At present,in the practice of social justice in China,some courts in guangdong and fujian have gradually deepened the practice and exploration of the construction of family trial,and have made many positive influences.In view of the current situation in China,it is necessary to establish a professional civil family trial procedure as soon as possible to solve the domestic disputes better.This article through to our country civil family trial professional practice exploration and through the analysis of the results,from the viewpoint of the specialization of trial,v.method on the basis of the current people in our country,combining with the experience at home and abroad analysis professional household necessity judgment,imagine build family professional trial procedure in our country,for consummates our country civil procedure law contribution meager strength.