Research On The Construction Of Our Country's Legal Proceedings

Influenced by the deepening of judicial reform in recent years,China has gradually realized that family cases are different from ordinary civil cases.The particularity of family cases makes judges need to use family proceedings different from ordinary civil cases to hear family disputes.Since 2016.a two-year pilot work on family trial reform has been carried out to explore the trial of family disputes.The new model has made remarkable achievements,but there are still some problems affecting the quality of family trial.The purpose of constructing family lawsuit procedure is not only to solve disputes,but also to pay attention to the actual repair of family emotions and the realization of the "healing" goal of protecting the interests of minors.If family cases follow the litigation procedure of general civil cases,it can not achieve such goals.The purpose of this paper is to study the gaps and shortcomings in the legislation and practice of our country’s current family proceedings.Through the comparison of foreign family proceedings,the analysis of family cases in practice,the summary of useful experience of various countries and regions,and the statistics of domestic family cases,some tentative ideas are put forward for the construction of our country’s family proceedings.I am divided into five parts:The first part of this article mainly introduces the current research situation,the significance of topic selection and research methods of family proceedings in our country,and provides a preliminary preparation and a preliminary overview for the writing of the whole article.The second part of this paper introduces the meaning and characteristics of family proceedings,and mainly analyses that it is necessary and feasible to construct our country’s specialized family proceedings.The third part of this paper analyses the current legislation and reform of family proceedings in China,summarizes the existing problems in the current procedures and analyses the causes of the problems.In the fourth part of this paper,aiming at the problems existing in the current situation,the author puts forward some constructive ideas from the aspects of legislative mode,organization and staffing,compulsory mediation,and strengthening the protection of minors,in order to perfect the deficiencies.