On The Construction Of Special Procedure Rules Of Family Litigation In China

The special procedure rules of family litigation is the criterion that the purpose is to guide the behavior of judges,parties and other litigants during the proceedings.The characteristics of family cases are strong physical attachment,wide range of interests involved,highly compled,both privated and commom good and so on.Except for that,the amount of family litigation cases are continued in growth,so the special procedure of litigation must be more professional and more scientific,all these characterics result it different from other civil procedure rules.Legislations of many countries in the civil law system and common law system provide rich experiences for C hina to construct the special procedure rules of family litigation.There are detailed regulations of special procedure rules of family litigation in legislations of Germany,Japan,United K ingdom,United States and Taiwan of C hina.China's existing rules of civil procedure provide foundation and support for the construction of the special procedure rules of family litigation.During the family trial reform in C hina,The Supreme People's Court and some district courts has developed revelant trailing procedures to achieve scientific trial.In real practice,pilot courts has formed unique trial models,the most prominents are the women's court of Jimo Court and the new trial mode of Wucheng Court in Shandong province,Observation and Mediation team system of Q ingtian Court of Zhejiang province,and the psychological counselling and family custom construction of Yushan Court of Anhui province.Based on the above analysis,We can the construct the rule from the following aspects: First of all,to clarify the kinds of the cases that are applicable to the special procedure rules,including marriage cases,parent-child cases,adoption cases and inherit cases.In addition to the existing principles in the C ivil Procedure Law of the People's Republic of C hina,the principle of multiple dispute resolution,the principle of protecting the interests of vulnerable groups,the principle of combining non-disclosure and limited disclosure,and the principle of strengthening authoritarianism.Second,in order to meet the special requirements of resolving family disputes,a special family court should be established,and more professional judges and jurors should be selected.In the rules of the participants,expanding the capacity for litigation of minors approp iately in some family cases,providing litigation gudiance and assistance by program assistants for vulnerable groups in the family,allowing procuratorates and the third party outside the case to participate in litigation,the purpose is to guarantee the procedural interests of related persons.Psychological counselors infuse emotions of family members,and form professional reports to provide evidences for judges to exercise discretions.Last,by a series of measures like investigating the situations befo re hearing a case,declaring properties,prolonging the trial period appropriately,applying the Cooling-off Period,making referee papers reasonable and legal and protecting privacy and so on,to make the litigations and referee results emotional,logical and legal.