Research On The Construction Of Family Trial System In China

Family trial system belongs to a special civil trial system.At present,although our country has the practice of family trial,there is no independent family trial system,and there is a lack of in-depth and systematic research on it in theory.In judicial practice,the trial of ordinary civil cases is conducted according to the civil procedure law,marriage law and the relevant justice of the Supreme People's Court.Interpretation seems fragmented and fragmented.Facing the current high number of family disputes,it seems unable to cope with them.Family incidents are different from ordinary property incidents.They are ethical,moral and private,and have certain public welfare.They involve more emotional issues of the parties.Therefore,it is necessary to set up corresponding procedures according to their particularities in order to protect the legitimate rights and interests of the parties and social public welfare.Family disputes have strong personal attributes,strong ethical and moral attributes,privacy and certain social characteristics,which determine the characteristics of the family trial system,that is,to follow the trial mode of authority,the unopenness of the trial process,pay attention to mediation,the parties in person to court,restore emotional repair,and so on.Family trial,as a procedure to solve family cases,belongs to a special civil procedure,but the current procedural provisions fail to fully reflect the particularity of family trial.Facing the internal requirements of family trial and the realistic needs of large number,high proportion and high difficulty in handling cases,from the perspective of judicial professionalization,the current way of family trial has reached an indispensable level of change.Fortunate ly,the high-level officials of the central government have seen the particularity of the family trial and are deploying the reform of the way of family trial throughout the country.Based on the Enlightenment from the successful experience of the pilot re form of the family trial mode,this paper conceives the construction of an independent family trial system in China from the perspective of the particularity of the family dispute settlement mechanism and judicial professionalization,and puts forward the measures and principles to be taken in the construction of the family trial system.This article consists of five parts.The first part starts with the concept of family disputes and family trial system,analyses the characteristics of family disputes,and draws the particularity of family trial system,so as to clarify the scope of application of family trial system.The second part reviews the evolution of domestic dispute resolution mechanism in China and the current judicial practice in China,analyses the problems and causes in the process of domestic dispute hearing,and then points out the necessity of constructing the exclusive domestic trial system in China.In the third part,through the investigation of foreign experience,and get inspiration fro m it;in the fourth part,through the introduction and comment on the successful experience of pilot reform in China,the author points out the replicable experience of future construction of family trial system and the problems that should be paid attention to.Finally,it conceives and constructs from five aspects: perfecting the legislation of family trial procedure,setting up specialized agencies,staffing specialized personnel,giving priority to mediation,introducing prosecutors to participate in fa mily disputes,adopting authority epistemology and appropriately relaxing the trial limits.