Discussion On The Family Trial System In China And Its Improvement Methods

The family trial system is the foundation and pillar of the civil trial.It is very important to solve the family cases properly and effectively for the promotion of the socialist core values and the traditional Chinese virtues,the maintenance of family harmony and the protection of the legitimate rights and interests of the parties.The party and the state have always been concerned about family building.In recent years,they have attached great importance to it.With the improvement of the level of social and economic development in China,the disputes of family affairs are increasing,the types of family affairs have become complex and diverse,and the difficulty of resolving conflicts is becoming more and more difficult.The pressure of people's courts at all levels to hear family cases and maintain family harmony and social stability is growing.In order to meet the needs of a large number of family cases,maintain the stability of marriage and family relations and promote the harmonious development of the society,the Supreme People's court in 2016 carried out a two-year reform of the family trial reform in some grass-roots and intermediate courts throughout the country.The discussion of the family trial system can not only provide a guarantee for the reform of the family trial in theory,but also can be of certain guiding significance to the judicial practice of domestic trial.Inview of the particularity of the family cases,this paper will learn the outstanding experience and practice from foreign countries on the basis of the existing laws related to the family trial system in our country.Combining with the actual situation of the reform pilot for more than one year,the basic status of the family trial system in China is summarized and analyzed from the three aspects of the subject of the family trial institution,the realistic predicament of the family proceedings and the main reasons for the family cases which have been settled but not finished.Finally,in view of the problems and shortcomings,this paper puts forward some ideas and suggestions on improving the family trial system from family trial institution,the team of family trial and the characteristic family trial system,hoping to do our best to promote the reform of family trial system in China.