Study On Family Trial Of Maintenance Fee Dispute

The characteristics of identity,privacy and public welfare make marriage and family disputes completely different from contractual civil disputes and should be treated differently in procedure.The reform of family trial mode is being carried out in full swing all over the country with the aim of constructing independent family trial procedure in China.Maintenance fee dispute often occurs in practice,which is a kind of special family disputes.Based on this kind of disputes,this article ponders the family affairs judgment,sees the whole through a small part,more intuitively and accurately,so as to provide a reference for the establishment of China's family trial procedures.At present,the reform of family trial mainly centers on the pure identity family dispute,and the property family dispute is not treated equally.The identity nature of the maintenance fee dispute determines the necessity of the family trial,and it is necessary to abandon the old thought of the current civil trial.Family trial procedures include litigation and non-litigation procedures,non-litigation of family events is the new trend of current family trial.It is undeniable that there are many benefits to put the maintenance fee dispute into the non-litigation procedure of family affairs.However,China's family trial is still in its initial stage,and has not established a mature family trial procedure system.In addition,the non-litigation procedure in our country is extremely thin,so the application of non-litigation procedures to the maintenance fee disputes is just like an attic in the air,which is impossible to be done in China at present.Therefore,the ideal choice for the family trial of the maintenance fee dispute in China is the family litigation procedure,which caters to the litigation nature of the dispute,but because of its family nature,a large number of non-litigation elements have to be added at the same time.In short,the family trial of maintenance fee disputes in the family litigation highlights the doctrine of authority and other non-litigation jurisprudence can be.This paper advances along the idea of breaking first and then establishing,finds out the problem points in the trial of the current maintenance fee disputes,carries on the comparative analysis,and finally conceive the rules of family litigation procedure of our country's maintenance fee disputes.The trial of family lawsuit on maintenance fee disputes should take the protection of minor children's interests maximization as the fundamental purpose and pay attention to the identity emotional connection between parents and children.In addition to the introduction and conclusion,this article has five parts.The first part is about the present situation and problems of the trial of maintenance fee dispute.At present,China's family trial has made great breakthroughs in professionalization,socialization and humanization,but it lacks of the overall consciousness of systematization of family trial procedures,and various innovative measures of family trial procedures have the suspicion of "treat the head when the head aches,treat the foot when the foot hurts ".The maintenance fee dispute is a kind of marriage and family dispute,but in the actual trial,the identity ethics of the dispute is not paid attention to,following the common economic dispute trial rules,there are problems in the aspects of evidence collection,specific discretion and mediation.The second part analyzes the reasons for the plight of the trial of maintenance fee disputes in China.The basic reason for the unsatisfactory trial effect of maintenance fee disputes lies in the simple application of the same trial rules based on the civil procedure without a deep understanding of the family characteristics of such disputes and the lack of independent family trial procedures.The judicial reasons lie in the lack of consideration of children's interests,the weakness of the special awareness of family trial,the single subject of evidence collection and the ineffectiveness of mediation.The third part,compares the civil law system countries(regions)the maintenance fee dispute family matter trial procedure content.The family affair procedure legislation and judicature in Germany,Japan and Taiwan are very mature.Maintenance fee disputes are handled through special family trial procedures,but there are differences between litigation and non-litigation.In addition,special emphasis is placed on the value of family mediation procedures.Generally speaking,the maintenance fee dispute family trial procedure is mixed with more non-litigation jurisprudence.The fourth part is the recognition of the maintenance fee dispute family trial of our country.Maintenance fee dispute is a case of family litigation,according to the proportionality of procedure,the staggered application of procedural jurisprudence and the concept of family justice,it should be transformed to family trial.In terms of the specific trend of family trial procedure,due to the lack of non-litigation context and relevant realistic conditions in China,it is difficult to carry out non-litigation trial for such disputes,so choose the family litigation procedure is the best solution,meanwhile,the identity nature of maintenance fee disputes determines that there are a large number of non-litigation factors in the process of family litigation.The fifth part is the concrete assumption of the family trial procedure of maintenance fee dispute in our country.The family litigation of maintenance fee disputes in our country must carry out the special concept and rules of family trial,and finally realize the maximization of the interests of the minor children.Specifically,the court and social forces cooperate to investigate and collect evidence;clarify the pre-treatment of family mediation;pay attention to the emotional repair between parents and children;and release the relevant legal relationship.It can be seen that the center of the family litigation in the maintenance fee disputes is to protect human relations,money payment judgment takes a back seat.