The difference between family courts and ordinary courts

Family court refers to an independent court or an independent department of the state court of first instance. Generally speaking, the cases heard by family courts are limited to divorce, custody and maintenance of children, adoption and other matters related to family relations, such as issuing restraining orders in domestic violence cases. Ordinary courts are not limited to such cases.

First of all, family cases are highly personal. The dispute over rights and obligations is different from the interest dispute in general property law. On the one hand, family cases have strong ethics. Marriage and family is one of the main carriers of traditional ethics. Specific kinship is the basis for the subject to enjoy rights and assume obligations. Marriage and family relations are both legal and moral. But there is no kinship between the parties in general civil cases, and even if there is kinship, it has nothing to do with the disputed property interests. On the other hand, the psychology of the parties in family cases is more complicated, and they want to solve the dispute, but they don't want to make friends with their relatives. It requires not only distinguishing right from wrong, but also concerns such as seniority and affection; It is not only required to thoroughly find out the truth and handle disputes fairly, but also unwilling to disclose the privacy of individuals, families and families too much. It is impossible to live and die. The trial results and quality of family cases are related to the lifelong interests of the parties and their family members, and even the grievances of generations. Therefore, the settlement of family cases and judicial trials have high requirements in terms of time, occasions, methods and procedures, and need greater flexibility. Secondly, family litigation is different from ordinary civil litigation and has its own characteristics. The legal policy orientation and solutions of family litigation often affect social life for a long time. The purpose of judging family cases is not simply to investigate the right and wrong of the parties, but to adjust interpersonal relationships and return the parties to normal life. In order to safeguard the public interest, public authorities will intervene in the settlement of family cases and provide guidance services. The right of free disposition of the parties is strictly restricted; In the evidence system. Any family dispute involving public interests, such as invalid marriage, is not limited to the proof of the parties, and the court actively investigates matters not advocated or raised by the parties according to its functions and powers. In general civil litigation, the court strictly abides by the principle of non-prosecution and disregard. In some countries or regions. Representatives of public power will also participate in the trial of marriage and family cases throughout the process. The court that accepts family cases bears the responsibility of providing guidance and services to the parties, guiding them to understand each other and keeping their original legal relationship as much as possible. It is usually necessary to use both litigation and non-litigation means. Excessive litigation activities, such as proof-giving, cross-examination, debate and so on, tend to intensify the interpersonal relationship between the parties and interested parties, which is not conducive to the settlement of disputes. In view of the commonweal, sociality and joint liability of family litigation, Germany, Japan, Britain, South Korea and other countries have formulated the Family Event Procedure Law to meet the needs of solving family events.

Third, the independence of family proceedings is conducive to the combination of mediation and judgment to resolve family disputes and promote the maximization of judicial efficiency. When trying a family dispute, the court should not only decide to settle the dispute, but also encourage the parties to settle the dispute through consultation. This requires a lot of prior consultation and counseling; When you have to make a decision, you must focus on the best interests of your family. Mediation, which integrates law, reason and emotion, can better balance the interests of the parties and effectively save judicial resources, and is the best way to solve civil disputes. The court should strengthen the mediation of family litigation according to law, guide the parties to treat disputes objectively, and resolve marriage and family disputes to the maximum extent. Family courts or family courts specialize in hearing family cases, and full-time judges who are familiar with such cases and have rich professional experience can work more effectively. A high-level family judge, like a family doctor, has a more comprehensive understanding of various family situations, is more likely to gain the trust of the parties, and is conducive to mediation and settlement of disputes. Specialized fixed trial institutions can better meet the needs of family cases and help improve judicial efficiency and social effects.

Fourth, it is conducive to the allocation of related resources to meet the special needs of family dispute resolution. The scope of family affairs is wide, and the court's trial of family cases not only distinguishes right from wrong in law, but also involves family interpersonal relationship, understanding and attitude towards life. Due to the different life backgrounds of the parties, their understanding and handling of family disputes are also different. Family judge. Not only professional legal knowledge, but also rich social and life experience and mediation skills are needed to win the trust of the parties and make the trial achieve the most appropriate effect. At the same time, if the knowledge and experience of psychology, sociology, social security and welfare involved in family cases can be equipped with corresponding professional institutions or personnel to provide professional help to judges, the effect of dispute resolution will be better. The independence of family proceedings can better integrate related resources and solve family disputes more reasonably and properly.