An Empirical Study And Route Analysis Of The Reform Of The Family Trial In My Country

With the continuous development of society,people are gradually open,and pay more and more attention to the marriage freedom,emphasis on individual freedom of marriage and divorce,"Flash marriage flash divorce" has become a common phenomenon,The number of divorce cases accepted by the courts has risen year by year,This trend has led the legal professional community to recognize that family cases can no longer be ignored,therefore,under the guidance of the supreme law method around the hospital carried out the family trial reform pilot work.Since 2016,the pilot work on family trial reform began,and by 2018 the first round of pilot work was completed,and the working conditions in 2016-2018 began to be accepted,The main research content of this paper is about the family trial reform,Based on the practice of the pilot court,the main problems of the trial reform are analyzed。Five systems with universal significance were selected from the pilot work,Namely family investigator system,before examining property to declare system,calm period system,establish family court,family dispute mediates system.In the paper,the author puts forward some thoughts on the reform path of family trial,Within the framework of the family trial system,litigation procedures should be distinguished from mediation procedures,In the first place,the object of the litigation procedure should be clarified and its scope of application should be clarified.In non-litigation proceedings,non-litigation cases do not belong to the category of trial in the traditional sense,but because they are difficult to avoid in family disputes,it is impossible to bypass this procedure in the reform of family trials,and to look at the proceedings alone.The paper discusses the orientation of mediation procedure and points out the boundary between litigation and mediation,The two systems should not be confused,and should take full advantage of social groups,organizations and other relevant departments to achieve multi-party coordination to resolve disputes.At present,the reform of family trials is still in the preliminary stage of exploration in China,and the corresponding system is not mature enough.However,with the continuous development of the legal system,the construction of an independent family trial system has become an inevitable trend.