The Study Of The Out-of-court Investigation System In The Family Trial

Based on marriage,blood relationship of the family case characteristics with the traditional civil cases in different cases,often has the blood relationship between the parties and complicated emotional factors,even if the two sides through the judicial process to change or termination of the identity of the corresponding relation,but also may often have the life or work.Since the family case involves not only the identity relation between the parties,but also the interests dispute tends to be diversified and complicated,and may also involve the interests of other subjects.Therefore,how to deal with this is survival,identity relations and public welfare cases,requires the court to take a variety of ways of housework case causes,facts and find a solution to conform to the law.In the face of complicated and changeable family cases,the litigant lawsuit mode can not solve the family dispute satisfactorily.To break through the family trial this dilemma,it is necessary to use the judge authority detect socialist fully find out the case fact,through out of court investigation system deeply analyze and explore the cause of the hidden behind the case,the facts and evidence,judge and related the scope of the subject in the family trial intervention made out of court investigation according to the application.At the same time,in perfecting our country's court investigation system,the need to model the region outside of the family of the case typed ombudsman system classification and housekeeping,establish housework investigator system suitable to China's national conditions,with enforcement power exercise family case out of court,a judge or participant facts or evidence investigation on the parties,to fully solve the family dispute.In addition to the introduction and conclusion,the text is divided into four parts,totaling more than thirty-seven thousand words:The first part is the summary of the out-of-court investigation system in the family trial.Mainly to define the concept of the family out of court investigation,clear the family out of court to investigate characteristics and analyzes the nature of the court investigation,from the content to explore the basis of the family court investigation out of court investigation system,and aims to clear the basis of the family trial court investigation content.The second part is the theoretical foundation of the out-of-court investigationsystem in the family trial.The identity relation and the public interest of the family case decide that the family case should be judged according to the theory of authority,and the trial of the facts should be introduced into the authority.In addition,according to the nature of the family cases and the stage of the case,it is necessary to form a cross-application between litigation and non-litigation law,so as to achieve the purpose of solving family disputes and safeguarding social welfare.The third part is the comparative law of the out-of-court investigation system in the family trial.In continental law system and Anglo-American law system and Taiwan are in family cases give judges or the family of the ombudsman power out of court to investigate the case facts and evidence,the cases involving identity relations and public interest are to realize the functions and powers,fully determine the case facts.Our country can draw lessons from the typology of family cases,the theory of trial,the scope of investigation,the subject of investigation and the procedure of investigation.The fourth part is the establishment of the out-of-court investigation system in the family trial.In the construction of the investigation system of out-of-court in our country,we should carry out the principle of comprehensive protection of the interests of minors and the comprehensive settlement.On the basis of the improvement of family cases,the scope of the investigation of family affairs is defined.Clear about the causes of the family events,the essence of the disputes between parties and minor children,the guardian or willingness to be placed the person's psychology,emotional state and other necessary case fact out of court investigation;The establishment and improvement of the household investigator system,including the provision of conditions of appointment,procedures and avoidance,so that it can assist the judges in conducting an out-of-court investigation;Make clear the starting time,starting method and investigation method of the out-of-court investigation.Through the establishment of the above system,we hope to provide some ideas and Suggestions for the establishment of the out-of-court investigation system in our country.