Research On The Perfection Of Family Trial Mechanism In China

There is no small matter in family,housework is state affairs.Family as the basic unit of society,family stability is related to social harmony,to the people living and living in peace.In recent years,with the continuous development of China's market economy,along with the influx of Western liberalism and the liberation of women in the marriage and family,people pay more and more attention to the self-centered development of individual standard.The traditional moral and cultural order of our country has been impacted,and the new marriage and family values have not yet been established,and the hasty view of marriage,joint gathering and Separation has spread in the society,the phenomenon of flash marriage is not uncommon,and the divorce rate is rising year by year.As a result the number of marriage and family cases is growing,the types are increasingly diverse,complex,the difficulty of processing is increasing,the use of party doctrine and adversarial litigation in the ordinary civil and commercial trial model has obviously been unable to meet the changing needs of family trials,the establishment of family justice system is imminent.Since then,local courts have actively explored and innovated on the basis of the existing litigation mechanism,and explored a family trial mechanism with distinctive characteristics,such as the system of divorce,the system of family mediators,the system of personal security protection,and the system of family investigators.However,since the Supreme People's Court has not provided unified and clear guidance for the pilot work of family trial reform,the effectiveness of family trial reform in various courts has been mixed,the awareness of the population is not high,and the whole society has not paid enough attention to it.Therefore,the feasibility analysis of the family trial system is carried out,and the construction of family trial is explored from two angles of theory and practice,which becomes the key and difficult point of family trial reform.Based on the concept,scope and characteristics of family trial,this paper analyzes the background of family trial reform in China and the current research situation at home and abroad,with emphasis on the principle of closed hearing in family trial system,the principle of compulsory mediation,the principle of maximizing the interests of children and the principle of judged competence discovery.Through the investigation of the extraterritorial family trial mechanism,this paper demonstrates the necessity of the reform of the family trial mechanism and working mode in China,and finally,on the basis of summing up the results achieved since the pilot work on family trial reform in China,deeply analyzes the problems existing in the current family trial work in China.On this basis,this paper puts forward some suggestions on the construction of family trial system in China,in order to provide help for the establishment of family trial system in China.