Research On The Construction Of The Amily Investigator System In China

Since 2016,when the supreme people's court proposed to carry out the reform of family trial and introduce the system of family investigator for pilot practice,many courts have introduced the system of family investigator.At present,the system of family investigators in China is still in the exploratory stage,and has not become a legislative system.Unlike the family mediator,the family investigator is an auxiliary member of the judge by investigating the facts of the case and helping the judge clarify the case.The universal existence of the system of family investigators in the world is based on the particularity of family dispute settlement,the application of the theory of authority and authority,and the balance of the dual roles of judges.In China,it is necessary to establish the system of family investigators,which is the requirement of specialization of family trial and social division of labor,and also the need to solve the problem of the difficulty in proving family cases.It is also feasible to construct the system of family investigators in China,which is supported by the authority doctrine that civil litigation has long adhered to,the rich experience of legislation outside China and the experience of trial courts in various parts of China.In the process of the pilot system of family investigators,the pilot courts have made some achievements through continuous reform and innovation.However,there are still many problems,mainly including: insufficient legal basis,unclear functions,irregular investigation procedures,unscientific selection and appointment mechanism,and inadequate protection of the rights of the parties.Therefore,based on the particularity of family cases and China's national conditions,combined with the experience of pilot practice,the construction of China's family investigator system should adhere to the protection of the legitimate rights and interests of vulnerable groups,adhere to the objective neutrality of family investigators,adhere to the confidentiality of the investigation as the basic principle.In terms of the design of specific system,it is necessary to formulate relevant laws and regulations of family investigators,clarify the functions of family investigators,standardize the investigation procedures of family investigators,establish the selection mechanism of family investigators,and establish the supervision and accountabilitymechanism of family investigators.