The Exploration Of Family Trial Reform And The Perfection Of Its Mechanism In Grass-roots Judicial Practice

With the transition of our society,there are more and more new problems in the marriage and family,the number of divorces is increasing year by day,and the contradictory disputes are becoming more complicated.However,the traditional family dispute adjudication mode,which focuses on the division of property and favors the party,has not adapted to the needs of the society.In the academic circles and the judicial practice,it is generally believed that the characteristics of family disputes,such as personal nature,affinity and commonweal,decide that family trial should be handled differently from ordinary civil and commercial cases,and that it should be transited from party to authority in the trial mode.In order to meet the needs of the society better,the court system of our country has carried out the pilot work of family trial reform.This paper takes the trial work of the Family Trial Division of Yucheng People's Court of Shandong province as the cut-in point,this paper summarizes and analyzes the implementation of the reform pilot work in the grass-roots practice,introduces the innovation and exploration of family trial work mechanism,puts forward the problems highlighted in the process of family trial reform,and puts forward some suggestions on perfecting the working mechanism of family trial.The full text in addition to the introduction and epilogue is divided into four parts,the main contents are as follows:The first part introduces the background of family trial reform,mainly from the increase in the number of cases and the traditional family trial mode defects are obvious two aspects.The second part is the Yucheng People's Court family trial reform pilot as the angle of view,this paper sums up the exploration of family trial reform in basic judicial practice,mainly from the specialization of institutions and personnel,the mediation and penetration of the former,the family investigator,the return visit,the Household property declaration three system,the introduction of the psychological intervention mechanism,the optimization of the trial mode and so on five aspects to unfold.The third part introduces the problems appearing in the implementation of the judicial practice of family trial reform,mainly from four aspects such as the imperfect legislation of the family procedure,the judge's lack of evidence in accordance with the authority,the difficulty in the execution of family cases,the examination system and the restriction of the quality of case handling.Part Four puts forward some suggestions on perfecting the working mechanism of family trial.