Taiwan Family Trial System And Its Enlightenment

Family cases compared with other civil and commercial cases, has a strong emotional and illicit privacy, not only relates to the personal interests of the parties, but also has strong public welfare, at the same time, the family case for trial procedure is simple and rapid also have higher requirements. But at present, China’s mainland area makes the family cases, together with other civil and commercial cases through the civil common procedure for examination and, if cannot meet the demands of the family case, against the family of the case is in order to solve. Taiwan area in 2011 formulated the "family Causes Act", and began in June 2012, promulgated the law changed the past to the family dispute resolution procedures in Taiwan scattered regulations, set up independent family trial procedure, set up a separate family court, with a high reference value for the mainland.In this paper, the Taiwan "Family Causes Act" the core of the problems are analyzed and summarized, combined with the mainland area of judicial practice, in view of the concrete system, put forward Suggestions for mainland area set up family trial system. This article mainly from the six aspects of the family trial system are analyzed: family judicial organization specialized in first chapter, according to Taiwan’s family judicial organization Settings, for mainland family court judge setting, the selection of the family of the ombudsman Settings and prosecutors involved in housework trial concrete Suggestions are put forward. Typed judge of the scope of the second chapter for housekeeping, by reference to the practice of the family events typed in the Taiwan region, mainland designated area housekeeping the scope of the trial and the trial object classification. Legal theory, the third chapter the housework trial of Taiwan’s housekeeping program legal pluralism enlightens us in the family trial will apply procedural jurisprudence and the non-lawsuit legal theory. Fourth chapter about the family mediation system of trial, Taiwan family method for the strengthening of the mediation system makes us realize the particularity and importance of the family mediation, the mainland area also should also pay attention to construction of the family mediation program. The fifth chapter the housework trial procedure in the operation of the auxiliary system Settings. Sixth chapter is focused on the family executable program, special demand of the family cases performed in Taiwan set up a series of enforcement measures, full of humanistic care in mainland can draw lessons from these measures to perfect the enforcement procedure of the family cases.This article from six aspects to Taiwan "The family Causes Act" are analyzed, based on the specific provisions and the system analysis, hope to mainland in constructing the family actually help in time of trial procedure.