Research On Problems And Countermeasures Of Family Trial In China

In April 2016,the Supreme People's Court of China launched a two-year pilot work on the reform of family trial methods and working mechanism.After two years of development,the pilot work has achieved good results in saving marital relations,maintaining family stability and protecting the legitimate rights and interests of the parties involved in family disputes.In July 2018,the Supreme People's Court issued "Opinions on Further Deepening the Reform of Family Trial Mode and Working Mechanism"(Trial).It summarized the reform of Family Trial Mode and Working Mechanism carried out by some courts in China in the past two years,and put forward the general requirements of accurately grasping the reform direction,establishing humanized trial concept and changing working mode,as well as the following.New measures such as family mediation,psychological counseling,team building,etc.However,in the practice of some courts' pilot work,there are concrete implementation and operation problems of family mediators,psychological counseling and protection of minors' interests,which need further improvement in practice.Therefore,it is very important to discuss and analyze the problems in practice.Based on the judicial practice of family trial in our country,combined with the existing research on family trial by scholars,and drawing on the relatively mature experience of foreign countries,the paper summarizes the problems existing in the cases by using case analysis,literature research and comparative research methods.For this reason,it provides concrete suggestions for the improvement of our country's civil trial practice.The text is divided into four parts:The first part,family trial cases and analysis.Taking the cases of family trial in Putuo District,Guangxi Zhuang Autonomous Region and Xinxiang City of Henan Province as examples,this paper introduces the cases of family disputes heard by courts after the reform of family trial.This paper analyses the selected cases of family disputes from both theoretical and practical perspectives,and puts forward the application of the system in family trials in China: applying the mediation principle;protecting the interests of minors;giving full play to the authority of judges;psychological counseling of the parties in family cases and the application of the system of divorce calm period.The second part,on the basis of combing family cases,finds out the problems faced in the practice of family trial in our country.In view of the practice of family trial,this paper puts forward that there is no special family trial court in family trial;the division of work among judges is not clear enough;the mechanism of solving family disputes needs to be constructed urgently;there is a lack of standardized family mediator industry,and the personnel engaged in mediation in family cases are still not professional enough;the system of divorce calm period in marital and emotional disputes needs to be improved;and the legislation for protecting the interests of minors needs to be improved.Imperfection and other issues.The third part is about the family trial law and its practical experience in other countries.The foreign family trial system has been investigated from two aspects:civil law system and common law system.The embryonic form of family law in the two legal systems has developed earlier and is more mature at the present stage.The foreign family trial chooses Germany and Japan of continental law system,Britain and the United States of Anglo-American law system.It introduces its theory or practical experience from five aspects: the legal formulation of its system,the composition of judicial organization,the establishment of extrajudicial institutions and personnel.It provides experience for the construction of our country's family trial system.The fourth part puts forward suggestions to improve the problems of family trial.Through the summary of the family dispute trial practice with different prominent problems,this paper analyses how to deal with the problems in practice.Such measures as establishing specialized family courts,training professional family judges,establishing legislation to protect the interests of minors,establishing family dispute mediation centers,developing family mediators industry,developing family legal advisory services,and establishing family trial psychological support institutions,etc.So as to provide a clear direction for the deepening of family reform in China.So as to provide a reference for the construction of standardized family trial system,in order to solve the complex and diverse family problems in the future society.