On The Reform Of Family Related Proceedings Ways From The Cases In The Enlightened Judgements (Ching-ming Chi)

With the development of China's economy and society,it is a general trend to establish an independent family lawsuit procedure.The handling of family disputes has obvious national characteristics and cultural differences.The traditional principles and concepts of family litigation in China still have a positive reference significance to the current judicial practice.This article is divided into five parts:(1)The first part of which,by analyzing the types of relatives and the content of disputes recorded in“Enlightened Judgements",and combining with the concept of family disputes nowadays,determines that the scope of family disputes in China should be limited to marriage,family and inheritance disputes;(2)The second part,analyses the process of handling litigation cases between relatives recorded in "Enlightened Judgements".Reflected principles,proposed that China's family litigation should establish the principle of prior mediation,the principle of personal words,the principle of combining "reasonable law" and the principle of reasonable intervention of authority;(3)The third part,the analysis of the "Enlightened Judgements" recorded in the relatives of litigation cases in the process of handling special litigation participants and their role,proposed to broaden China's family litigation participants,the introduction of family investigation.Suggestions from staff,psychological counselors and family mediators;(4)Part ?,analysis of the methods of fact-finding in the process of handling litigation cases between relatives recorded in "Enlightened Judgements",and put forward suggestions on attaching importance to indirect evidence,improving the testimony of the parties'statements,increasing the scope of the court's investigation and restricting the acquisition of privacy-related evidence;(5)Part V,analysis of "Enlightened Judgements".The special documents recorded in Judging the Ming Dynasty Collection in the process of dealing with litigation cases between relatives put forward suggestions to increase psychological guidance,stage reasoning and concluding litigation documents in China's family litigation.