Tentative Ideas On Construction Of Family Procedure In China

Family disputes are different from the general civil disputes,they have the special attributes of ethics,secrecy,identity relationship origin and so on.At the same time,the rapid development of contemporary economy and society makes family disputes increasingly complicated and diversified.Family is the smallest and most basic unit in the social composition.The effect of handling family disputes directly affects the harmony,and then affects the overall harmonious atmosphere of society.Based on the special attributes of family disputes distinguished from general civil disputes,Germany,Japan,the United Kingdom,the United States and Taiwan are aware of the need to set up special family proceedings,and through legislation,the establishment of special hearing institutions.The above measures have achieved good results in solving family disputes efficiently,scientifically and professionally.However,due to the evolution of legislation and traditional legal culture,the special family procedure has not been formed in our country.It is difficult for the general civil procedure with property relation as the core to solve the complicated family disputes.The concept of popular litigation is increasing,our country has carried out more than three years of family trial mode and working mechanism reform practice exploration and other countries and regions of the legislative experience,all for the construction of our national proceedings to provide feasibility proof.The family disputes requires that in addition to realizing the basic judicial value of settling disputes,family proceedings should focus on the social value of maintaining stable family relations,protecting vulnerable groups and reducing social disharmony factors.The construction of our national litigation procedure should first in the legislative mode,family proceedings in a certain part of the civil procedure law,and in the first part of the separate clear legal principles.Specific construction should cover: specialized agencies and staffing;family litigation jurisdiction rules;family litigation party system;family litigation special mechanism,family case execution system.Figure 3;Table 0;Reference 40...