Research On The Family Surveyor System

Compared with general civil cases,the family cases established in marriage,blood relationship usually have complex emotional factors between the parties.The parties also have close contact with each other after the court decision.So the court should take a variety of ways to explore the underlying causes of family disputes and use appropriate way to make a logical and reasonable judge between the parties.With the development of economy and society,compared with the previous family cases with single legal relationship,the family case is not only related to the identity of the dispute between the parties,but also the interests of the dispute tend to be diversified and complicated.Sometimes it is also relate to the interests of others.Faced with complex domestic cases,subjecting to professional restrictions and neutrality of the judge,they have no time and energy to explore the deep-seated reasons of the family cases.Although the judge could legally make corresponding decisions of the family cases,this does not mean that the family dispute has been resolved perfectly.In order to solve the family disputes perfectly,the worker with professional knowledge of sociology,psychology and education also need make investigates about the parties before the trial of the case,and take the necessary measures to urge the party fulfill the obligations after the end of the judgment.In recent years,faced with the family conflicts and the limitation of general civil judgment,China began to implement the reform of family matters judging.Some trial court begin to rely on the family survey in the judicial practice.The family survey also assist judges to investigate the facts and do return visit after the judgment.The reform has achieved good social effects.But we don't know the legal basis function and value pursuit of the system of family surveyor.Meanwhile,the legislation of our country does not involve the system of family surveyor,so It is very necessary to study the system of family surveyor in Taiwan and abroad.The definition of the family surveyor system is that the specific person who according with the order of the judge,investigating the specific facts of the case of family matters with professional knowledge about social work,education,psychology and so on,completing the survey by the way of field visits,and then submitting an investigation report on the basis of fact finding to assist the judge to clarify the facts of the case.In the implementation stage of family affairs,in order to settle the family disputes satisfactorily,the specific person should give good advise to the party who is bearing the obligation.In our country,it is also difficult to identify the facts of the case and enforcement judgment.Aiming at this problem,in order to clarify the basic issues such as the meaning,the legal basis,the function,the value pursuit and so on,this paper attempts to analyze the system of the family surveyor system in Japan and Taiwan and learn from the legislative experience of countries such as South Korea,Australia,Britain,Germany,France and other countries.On this basis,this paper tries to analysis of the problems existing in our Country's family surveyor system and the necessity of the construction of family surveyor system in China.At the same time,combined with the legislative experience of foreign Countries and Taiwan,based on the reform of family matters judging and the pilot work of family surveyor system,this paper present the feasibility of constructing the family surveyor system in China.Finally,the paper provides some suggestions for the construction of family surveyor system in China.