The Predicament And The Way Of The Reform Of Family Affair Trial In Our Country

Compared with general civil and commercial disputes,family disputes not only involve the conflict of rights and interests between individuals,but also involve the public welfare of the society.It involves not only the emotional disputes between adults,but also the innocent minor children in the family group.It is about the past,the present and the future.Therefore,many countries treat family disputes differently from other civil and commercial disputes.They not only make special provisions in substantive law,but also set up special organizations and applicable procedures in procedural law.With the change of our society,the development of economy,the change of family concept,and the emergence of new problems in marriage and family,the number and types of family disputes are increasing,and the current litigation-oriented trial mode is obviously not suitable for solving family disputes.Family is the basic cell of the society.Whether the family is harmonious or not not only concerns the growth of minors,but also affects the harmony and stability of the society to a certain extent.Therefore,the reform of family justice is not only necessary,but also necessary.To this end,since June 1,2016,the supreme people's court has been leading the reform of trial methods and working mechanisms in about 100 basic and intermediate people's courts across the country.The H district court of T city where the author interned is one of the pilot courts.Therefore,the practice of family trial in this court can be directly contacted.In this paper,the pilot family trial reform of T city H district pilot court for more than two years was investigated,and the practice of T city H district court was summarized and analyzed.Two years,the trial court set up independent judicial organizations,formed a professional judges,exploring practice the psychological assessment intervention mechanism,the parties,the property declaration system,tracking after review mechanism,the diagnosis of marriage,death,and the crisis mechanism system,related to gradually shift the trial idea,innovative way of trial,fully embody the family court rights guarantee and the dual role of emotional healing.At the same time,some problems have also been exposed in the reform practice,such as the lack of special family trial procedures in China,the lack of legal basis and operational norms in the relevant system of exploration and practice,the insufficient protection of the rights and interests of minor children,and the difficulty of the parties in providing evidence in family cases.In view of this,the author through to the mainland legal system country(region)of the family trial system research,suggest set up independent of the family litigation procedural law in our country,based on minor children benefit maximization to perfect our housework by trial minor children benefit protection system,build the falily case evidence and improve rules concerning the operation of the system of norms.