The Application Of Judge's Authority Of Inquiry In Family Litigation Procedure

As the German philosopher Kant said: "Family is the epitome of society,family is the minimum society with the ability to sustain itself spontaneously." The trial of family disputes not only affects the family relationship of the parties,but also the social morality and social mainstream values shaping play a subtle role.Family cases are different from ordinary civil cases,in a way that the former would usually include the relationship between identity and property.Not only does it have a high degree of personal attributes,private interests and public welfare of the dual attributes,but it is also related to moral ethics.The particularity of the dispute in the family case determines that the principle of the doctrine of the debate applied the current civil procedure in our country can not effectively deal with such cases.China has not yet established a family litigation procedure,but in order to better deal with the complex situation faced by family cases,in recent years,our local courts began to pilot the work of family trials,exploration and reform.Although the trial reform of the establishment of a specialized family trial body,with a professional family judge,to a certain extent,achieved results,but this did not affect the principles of debate in the case of family affairs in the trial of the dominant position.Debate doctrine and judge's authority of inquiry are two corresponding concepts.Debate doctrine requires the principle of " he who advocates a position,also wears the burden of proof" in the civil trial;whereas the judge takes a strictly neutral position in relation to the verdict,the evidence provided by the parties is based on the principle of private law autonomy.And in the early 20 th century our civil trial has been officially reformed to follow the litigation model.Corresponding to the judge's authority of inquiry refers to the judgement in the civil trial on the basis of the evidence from the parties to provide evidence and self-defined restrictions,the judge has more power to safeguard the legitimate rights and interests of the parties to restore the authenticity of the case.This is not only in line with the special requirements of family cases,but also with the pursuit of value orientation.Thus judge's authority of inquiry can be seen playing an irreplaceable role in the handling of family affairs,should be applied to family litigation procedure.