Research On Constructing The Procedure Of Family Litigation

The procedure of family affairs is a special civil procedure with the main purpose of dealing with the disputes of marriage and family,and the object of which is the case of family affairs.Family litigation cases to properly resolve the matter of social stability and public order and good customs,it's different from legal relationship with the general property law,and it cannot be handled fully enough by the people who is in this case,besides,the litigation of family affairs involve more about affection,family affection,privacy and ethics.It has a great welfare of social public,it's necessary to set up the procedure of family affairs.But there has no substantive litigation of family affairs in China,in these case they used ordinary civil procedure to deal with family lawsuits,which is obsolete for the needs of social development and judicature.In April 21,2016,the Supreme People's Court issued the "opinions" of the Supreme People's Court on the experimental unit work for the family and work mechanism of the reform of trial mode,made the objectives of the reform,the basic principle,working idea,working mechanism,scope of the case,and the experimental unit clear,and the Supreme People's Court also specified a experimental unit in May 2016,Liuzhou Intermediate People's Court was designated as the trial court for all state trial reforms.The Liuzhou Juvenile Case Trial Center is a professional family case adjudication agency established by Liuzhou Intermediate People's Court in conjunction with local conditions and is subordinate to the Liubei District People's Court of Liuzhou City.It has centralized jurisdiction over Liubei,Liunan,Chengzhong and Yufeng Districts in Liuzhou.Family affairs and juvenile criminal cases have become the first family affairs institution in Guangxi that focuses on family and juvenile cases across the city.This article mainly includes four parts:The first part,introduce the meaning and characteristics of family affairs,then the concept of family litigation procedures was introduced to clarify the application of family litigation procedures for family litigation cases.Subsequently,the value of family litigation procedures was analyzed to discuss the relationship between family litigation procedures and substantive fairness,procedural fairness,and efficiency value.Finally,the purpose of building a family litigation procedure is indicated.The second part elaborates on the necessity of constructing our country's lawsuit and the inspection of its practice.In the analysis of the necessity of theconstruction of our country's lawsuit procedure,we summarize the legislative and judicial status quo of China's procedures for the application of family litigation cases first,then analyze the causes,and draw conclusions at last.The practical inspection section is based on Liuzhou Juvenile Case Trial Center for Family Juveniles,and uses the reform of the family affairs in Liuzhou as an example to introduce practical experience and difficulties and to explore the implications for the construction of our national lawsuit procedure.In the third part,we will use the method of comparative study,the civil law of Germany,Japan and Taiwan of China and England and the United States as the comparison object,the legislative and judicial situation of the family procedure of above countries and regions,mainly from the development of domestic legal history,selection of legislative mode,personnel the trial organization,the scope of the case,the system introduces the characteristics of these countries and regions,and sums up its experiences and achievements,inspiration from the construction of family affairs litigation in China.The fourth part proposes the concrete assumptions for the construction of our national lawsuit procedure.First of all,through the analysis of the advantages and disadvantages of the existing systems,consider the actual situation in China totally,it is proposed to use special chapter legislation as a transition.Then,we discussed the principles that should be followed in our national lawsuit procedure.Finally,the specific content of our national lawsuit procedure put forward detailed ideas and suggestions.Including the scope of the case of the family litigation process,institutional settings and other basic issues and system details,such as the family litigation mediation system,the evidence rules,loose the limit system,the parties to appear in court in person.