The Analysis Of The Reform Path Of China's Family Trial Methods

In recent years,the divorce rate in China has continued to rise,and family cases have become more and more complex.It has become increasingly difficult to resolve conflicts.In particular,the protection of the interests of children in divorce cases needs to be further improved.The proper handling of family cases has caused concern from all walks of life.Since 2016,our country has startedfamily trial reform.The two-year reform pilot project is in full swing.The courts have accumulated rich experience in reforms such as diversification of family disputes,addition of family investigators,family mediators,and issuance of divorce certificates.Many courts has set up a divorce cooling period.In the process of reform,the resolution of family disputes is more scientific and efficient than before the reform.However,there are still some problems in the process of reform.For example,the setting of cooling-off period lacks uniform application scope and applicable standards.Andthe professional level of family investigators and mediators needs to be improved.The division of responsibilities is not clear.The relevant provisions for determing the children's dependents is not operative.Our country does not have a specialized family procedural law.From the perspective of divorce cases,this article will introduce the experience obtained in the familytrial reform of our country and introduce the existing problems.We will introduce the experience of family trials in foreign countries or regions to make recommendations for our family trial.The main content of this article is divided into four chapters.The first chapter introduces the definition of the range of family cases in different countries and regions,and clarifies that the dissertation will focus on the reform of the family trial method in divorce cases.In the first chapter will also introduce the necessity and feasibility of reform.The second chapter introduces the major achievements in the reform of the trial methods in our country and the problems in the reform process.The establishment of the divorce cooling-off period in China's national trial reform,the application of the "divorce certificate" system,and family investigators are important practical experience in the trial reform of our familiyaffairs.However,the relevant system still has the space to improve.Forexample,the uniformity of application and the professionalism can be improved.The third chapter introduces foreign family trial methods,focusing on the introduction of family trial legislation and practical experience in Japan,Taiwan and the United Kingdom,and sums up the lessons for our country,such as detailing related systems,innovating the mode of family cases trail,and so on.The fourth chapter proposes relevant legislative proposals for family trials and the basic principles that should be followed in family trials,and proposes suggestions for further improving the relevant measures for family trial reforms,such as clarifying the standard for the selection of family cases investigators and family cases judges.We can alsoadd additional assessments toforce the relevant personnel to improve their ability for work and clarify the scopeand so on.