Statement About The Construction Of Family Trial System With Chinese Chracteristics

In recent years,it's very common that the social events have been derived from family disputes,and the public has turned their attention on the family affairs.The family relations are different from the general civil relationship as it has the characteristic of personal,privacy,affinity,ethics and so on.The interests of family disputes are not only related to the parties,but also to the other members of the family and even the social benefits.Family disputes are related to personal relationships and property relationships,once the dispute arises,the parties cannot fully exercise the right of disposition in the principle of ordinary civil procedure law.As the family disputes have the special particularity,the legal circles and the judicial practice circles call for the establishment of a lawsuit mechanism which is in conformity with it.Unfortunately,there is no provision for family trial in civil procedure law nowadays.In order to solve the problems existing in judicial practice,it is an urgent task to establish a family trial system with Chinese characteristics combined with China's national conditions and cultural background.This paper aims to construct the family trial system with Chinese characteristics.Family disputes are different from common civil disputes in that family disputes should be resolved through the establishment of a special system of adjudication.In order to improve the ability of resolving family disputes and establish the family trial system,China officially started the trial reform of family trial method and working mechanism on June 1,2016.In this more than one year,the trial court explored the new ideas of family dispute resolution,and established the new system of family dispute resolution has not only achieved ideal results,but also faced many difficulties.There are defects in the legislation of family disputes in our country,so it is necessary to formulate separate family procedure law to solve the problem that there is not enough theoretical basis in judicial practice event.To build a family trial system,it is necessary to reshape the judicial concept of family trial and enrich the family dispute resolution mechanism.