To achieve the long-range objective of Chinese family trial reform and satisfy the realistic demand of the Marriage Family Part and Inheritance Part in 2021 Chinese Civil Code, we must determine the model and style of legislation on Special Procedures for Family Proceedings to accelerate the legislative process. Before turning to Separate Legislation Model and creating Non-litigation Unification Style in 2009, German Family Procedure had been Civil-family Procedure Combination Legislation Model and Duality Differentiation Style between Litigation and Non-litigation Family Procedures. The German-style evolution indirectly caused Japan to set up the Duality Differentiation Style in Discrete Texts and directly led Chinese Taiwan to adopt the Duality Differentiation Style in Unified Text. It dominated the modern tendency of Family Procedure Legislation Model and finally created the tripartite confrontation situation of Separate Legislation Style. In the future, Chinese family procedure should choose the Separate Legislation Model and Duality Differentiation Style in Unified Text.
丁宝同. 家事程序立法的德系演变与中国选择[J]. 浙江工商大学学报, 2023, 37(5): 45-57.
DING Baotong. German-style Evolution and Chinese Choice of Family Procedure Legislation. Journal of Zhejing Gongshang University, 2023, 37(5): 45-57.