A Study On The Family Trial System In Taiwan

For a long time,the mainland of China has not specially set up a set of independent family litigation procedures for family cases.Family cases and other civil cases are resolved through the general civil procedure.However,in the new period,the number of domestic cases has become more and more complicated,its particularity and importance are becoming more and more prominent.But the traditional civil litigation mode often appears to be "incompetent" for the family cases in the new era.Therefore,in order to properly resolve the numerous and complex family cases,the Supreme Court launched the trial reform in April2016.Since the reform,the family trial in our country has made very good achievements,but because of the short time of reform and the lack of experience,it is inevitable to expose a lot of deficiencies.On the contrary,as early as 2012,Taiwan has enacted a separate “Family Cases Law”,which has changed the traditional handling mechanism of family cases and established a set of relatively independent family adjudication systems.In the family trial,Taiwan is undoubtedly ahead of the mainland.In addition,Taiwan and the mainland have a similar cultural background.Therefore,the contents of the "Family Cases Law" are of great value for the trial reform of mainland China.This paper mainly analyzes a series of problems in the process of family trial reform in mainland China by means of the reform measures adopted by the relevant trial courts,and combines the "essence part" of the family trial system in Taiwan.Explore the content that can be used by me.The content of the article is divided into three chapters: the first chapter is an overview of the family trial system,mainly explain what is the family cases and the family trial system meaning,characteristics,differences,theoretical sources and so on;The second chapter mainly introduces why our country needs the family trial system and the progress and problems in the pilot work of family trial reform;The third chapter is the introduction and evaluation of the characteristic family trial system in Taiwan.Based on the characteristic content of the "Family Cases Law" in Taiwan,some Suggestions are put forward for the practical situation of the pilot reform of family affairs trial in mainland China.