Research On Family Litigation Proceedings

The family is the smallest unit of the country.Many families converge to become the country.Only when each family is stable can the country develop steadily and is conducive to building a harmonious society.In recent years,the number of family cases has surged,and the complexity of cases has gradually increased.Since 2016,China has launched a trial of family trial reforms,mainly in order to solve the dilemmas and problems encountered in the trial of family cases.The trial courts have reformed the institutional setup and carried out many innovative measures,which have achieved remarkable results.Many countries and regions outside the country have enacted relatively complete legislation on family litigation procedures,but China does not have but no special family litigation procedures.Because of the personal,ethical and public welfare characteristics of family cases,it is different from ordinary civil cases that are dominated by property relations.Continued application of ordinary litigation procedures to try family matters will have a significant impact.Without a special settlement procedure for family disputes,family disputes cannot be resolved,resulting in the instability of family relationships and the goal of building a harmonious society.At present,the most important thing is to analyze the concept and characteristics of family litigation procedures,and to combine our country's current status of legislation and practice with foreign mature experience to build our country's litigation procedures.This article is based on the analysis of the necessity and feasibility of family litigation procedures,combined with the current status of our country's domestic litigation procedures,and put forward opinions on the construction of family litigation procedures.For the construction of family litigation procedures,the most important thing is to clearly choose which legislative model.After a full analysis of the pros and cons of the three legislative models,it is considered that a separate legislative model is more suitable for China's current national conditions.The trial principles of family litigation are established on the basis of the trial principles of ordinary litigation,which are mainly divided into four major principles,namely,the principle of mediation priority,the principle of combining litigantism and authoritarianism,the principle of closed trial,and the principle of protecting vulnerable groups.The most important content in constructing the family litigation procedure is to perfect the five basic systems of the parties' personal appearance,the scope of case acceptance,jurisdiction,rules of evidence,and the cooling-off period for divorce.