Study On Typelization Of Trial Of Personnel Lawsuit Cases

This thesis starts with the definition of personnel litigation cases,and distinguishes the relationship between personnel litigation cases,family cases and non-litigation cases.Because the litigation object of personnel litigation is identity relationship,which is very special,we should adopt the doctrine of authority probing.Based on this basic theory,this thesis analyzes the problems existing in China’s personnel litigation legislation,that is,the scope of cases is general,the limits of ex officio investigation and evidence collection are not clear,and the application situation of restricting selfadmission is not specific.It is precisely because of the imperfection of legislation that judges’ enthusiasm for finding out their powers is not high and the principle of debate is widely adopted in judicial practice.Comparing with foreign countries,through investigating the legislation of personnel litigation in two legal systems,it is found that both legal systems affirm the value of personnel litigation legislation,either legislating or compiling separately,and unanimously adopt the doctrine of authority probing.Based on this,this thesis puts forward some suggestions to improve the trial legislation of personnel litigation cases in China,which should be perfected from three aspects:legislative model,principles and type trial.First of all,in the choice of legislative model,learn from the German model,that is,add a regulation on personnel litigation in China’s Civil Procedure Law;Secondly,in the application of procedural jurisprudence,in principle,authority probing doctrine is applied to limit the application of debate doctrine;Finally,classify the personnel litigation cases.According to the statistics of Peking University Magic Case,it is suggested to divide them into marriage cases,parent-child cases and adoption cases,and analyze the different degrees of authority inquisition and restricted debate in various personnel litigation cases,such as the amended debate in divorce cases in marriage relations,while authority inquisition is applied in principle in marriage invalid cases and annulment cases.