On The Construction Of The Trial Procedure Of My Country

The family is the basic unit of social life that is based on marriage,blood,or adoption.The establishment of the family is based on marriage,blood and adoption of three kinds of relationships based on the composition of the same roof under the common life,mutual interaction,is the consciousness,emotional exchange and mutual integration.Family relations refer to legal relationships that exist between family members and are recognized and empowered by law for rights and obligations.Family relations form the basis of family events.Family matters are family matters.Family events refer to events that arise between family members who are present in the field of marriage and family,or property disputes.Family disputes refers to the marriage and family areas due to marriage,parenting,adoption,cohabitation and other emotional relations arising from the relationship or property relations on the rights and obligations disputes.Family disputes and general civil disputes are different,most civil disputes are related to property disputes,and family disputes are mostly related to personal rights and other private rights,and family disputes between the parties in general to family ties as a link Implicated in each other,the parties will exist between the blood relationship or marriage.These factors also make the settlement of family disputes in the attention of individual rights at the same time have some social and public interests of the nature,which determines the settlement of family disputes is different from the general civil proceedings.China's actual practice did not set up a special family trial procedures,family cases,the trial process is basically applicable to the general civil case proceedings.This kind of trial mode does not really take into account the particularity of the family case itself.China has not established a unified family entity law,the relevant provisions scattered in the "Marriage Law","Adoption Law","Inheritance Law" and other laws,the application of family events in accordance with the "Civil Procedure Law" and the relevant judicial interpretation,Family events are unified classification,the family affairs of the law from the general civil procedure law and other laws extracted from the integration,applicable to family events of the independent trial process worthy of our discussion.In the procedure applicable to family matters,the distinction between family events and general civil events should be noted.In the trial of family events should follow the principle of authoritarianism,do not open the principle of the trial,the principle of integration and mediation principles,under the guidance of these principles in the trial of family events.In the construction of the family trial procedure,it should be a special classification of family cases,the establishment of family courts,family cases should be a professional family judge to trial,set up a special family investigators on family cases investigation and evidence,In the case of the case,the mediation procedure should be enforced,the established court mediation procedure should be established,and the family mediator with the corresponding expertise should be set up.In the process of family affairs,we should pay attention to the real guarantee of the rights and interests of the third party in the family case,and construct the mode of the procuratorial organ to participate in the litigation of the litigation in the capacity of the public prosecutor,the legal supervisor or the public representative.