Research On The Reform Path Of Family Trial System In China

After World War ?,the world economy developed rapidly.The problems of family disputes gradually emerged,and the proportion of family disputes in many civil disputes increased year by year.At first,most countries brought family trial procedure into the civil procedure law system.The family dispute cases and the trial procedure were carried out according to the ordinary civil procedure law.In the process of social development,the characteristics of family disputes have undergone various changes.The people's demand for the trial of family disputes has changed obviously at the same time,which makes the trial of family disputes incompatible with the civil procedure.Therefore,countries around the world have joined in the reform of family trial system.In the past 40 years of reform an opening up in China,the number of family disputes has been increasing year by year,leading to family disputes becoming a major category of civil disputes in China.In our country,the content and types of family disputes cases are constantly evolving due to the change of marriage and family concepts and family life pattems.The trial procedure of family disputes cases in our country still adopts the ordinary civil case procedure,and the concept of family trial appears to be incompatible with the ordinary civil procedure.The impact of family disputes is not only confined to a certain family contradiction,but also derives other adverse effects,which lead to the frequent occurrence of malignant events such as juvenile delinquency and aggravate the negative burden of society.Based on the above situation,the Supreme Court launched the pilot work of family trial reform.After two years of exploration and experiment,the pilot work has achieved good results,such as establishing a calm-down period system,improving trial methods,and establishing a special family trial court.In the process of continuous progress of the pilot work,the exploration of the reform of family trial has been deepened.In this process,we find that the pilot work of family trial reform is still facing multiple difficulties.Our country lacks special procedures for hearing family disputes.At present,the mediation system for family disputes is not perfect.The specialized system of the trial team for hearing family disputes is perfect,and the diversified dispute resolution mechanism lacks legislative guarantee.Therefore,it is necessary for China to adopt measures such as establishing an independent family trial procedure and a systematic family trial mediation system,overcoming the absence of system norms for the professional construction of family trial teams,and improving the diversified dispute resolution mechanism.Through six chapters,this paper analyses the content of the reform of our country's family trial,in order to explore the development path of the trial procedure and the judicial system in the process of the reform of our country's family trial.The first chapter is an introduction to the purpose,significance,scope and research methods of the reform of the family trial system.Chapter two is the motivation of the reform of family trial in our country.This chapter discusses the transformation of marriage and family concept into an important motivation of the reform of family trial system.The change of people's living mode has also become one of the motivations to promote the reform of family trial.Chapter three is about the development and dilemma of the reform of family trial in China.It expounds the achievements and difficulties of the reform of family trial in China.Chapter four,Comparisons of Family Trial Systems in Foreign Countries.This chapter discusses the development process of Family Trial Systems in Germany,Japan and the United Kingdom,as well as the core content of the current Family Trial Systems in the three countries.Through the comparison,we can find the similarities and differences of the family trial system between different countries,and get the corresponding enlightenment.The fifth chapter is the path of the reform of our country's family trial.It discusses the development of the trial procedure and the judicial system in the process of the reform of our country's family trial.Chapter Six,concludes the whole paper.