Research On The Family Lawsuit

The family lawsuit also refers to the lawsuit of identity relation,which refers to the lawsuit concerning the rights and obligations of the person.Family litigation occurs between family members in the family law,which involves non-legal factors such as ethics and privacy,so the protection of human rights and privacy has raised higher requirements.In recent years,our country marriage family case quantity is increasing year by year,the transformation of traditional society,Chinese marriage and family relations change,the family case type present diversity characteristics,processing difficulty increases,thus the traditional civil trial mode cannot adapt to the needs of the family trial.The family litigation trial should follow the principle of maximizing the interests of children,the principle of family standard,the principle of conciliation,the principle of authority,the principle of non-public hearing and the principle of the court.At present our country has not yet formed independent family litigation system,in view of the current family trial way and the plight of the working mechanism,the family trial reform,our country started in 2016 with a more scientific way of solving family dispute.Court in housework pilot institutions specialization,the family systems of investigators,psychological counseling,the family mediation system,visit a supervisor system and review system,and actively explore cooperation mechanism.It obtained useful experience in the judicial practice,but also discovered the insufficiency.In order to adapt to the socialist judicial system of fair,efficient and a new era,improve the quality of it to the family case,the establishment of lawsuit system of the family must be paid attention to the following aspects: advancing the family trial a contingent of professional agencies,strengthening the initiative of the court investigating evidence,establishing the legal status of children in the family litigation,the setting up of divorced parents education system,perfect the system of visiting supervisors,perfecting the mediation procedure,perfecting the family litigation cooperation mechanism.In this paper,through the introduction of the characteristics of the family litigation and the necessity of establishing lawsuit system of the family,and based on the current our country family trial reform and exploration of practice,it proposed concrete countermeasures to the family litigation system in China.