On The Specialized Solution Mechanism Of Family Cases In China

Judicial specialization is the inevitable trend and objective requirement of the modern rule of law and judicial development.This article is under the background of the family trial reform in our country.Based on the substantive law theory of marriage and family relations,combining the principles of family substantive law and family procedure law,from value orientation to system construction,from empirical research to theoretical analysis,this paper discusses the specialized settlement mechanism of family cases.This paper explores the reasons for the reform of the dispute resolution mechanism of family cases,the existing problems and the suggestions for perfecting the system.In addition to the introduction and conclusion,the text consists of three chapters.The first chapter focuses on the definition of family cases,clarifies the concept and types of family cases,and clarifies the object of this paper.Therefore,the types of family cases in this paper are defined from the perspective of substantive law according to the provisions of civil cases in China.On this basis,the concept,elements and characteristics of the legal relationship between marriage and family in family cases are introduced.The legal characteristics of this kind of cases are revealed from the aspect of marriage and family legal relations.The second chapter discusses the family case specialized reasons.To solve the family case "specialized settlement mechanism" refers to the particularity of the marriage law.Based on the background of family trial reform,judicial organs from"specialization,socialization and humanization" perspective,take different from ordinary civil cases the dispute of the family dispute resolution.From the theoretical basis of judicial practice,discusses the necessity of solving specialized family cases,through the study of comparative law,from development and constantly improve the family litigation law,special trial organization family disputes,to expand the scope of the principle of non litigation,mediation or conciliation in a flexible way to solve the family case It emphasizes that social forces participate in the handling of family cases,which are the five aspects of analyzing the global trend of specialized resolution of family cases.The third chapter is the analysis of the current situation of exploring the specialized settlement mechanism of family cases in China and the assumption of system perfection.The information obtained by the author through investigation and investigation in the Family Court of the people's Court of Haicang District of Xiamen City,This paper probes into the achievements made by the people's Court of Haicang District in the reform of family trial,analyzes the problems existing therein,taking this as a reference and drawing lessons from the experience of foreign jurisdictions,puts forward a moderate promotion of the classification of family cases,with full-time family mediators as the main body.Other forms of mediation supplemented by mediation mode,improving the system of family investigators,effective coordination between family mediation and family investigation,institutionalization and standardization of the long-term coordination mechanism of family trial,and so on,to perfect the specialization of family cases in China.The idea of a solution mechanism.