Exploration And Innovation On The Reform Of Family Trial

Family matters generally include "marriage cases and their accompanying cases,cases of maintenance,support and maintenance disputes,parent-child relationship cases,adoption relationship dispute cases,cohabitation relationship dispute cases,inheritance and separation of property disputes,etc.",statistics It shows that the number of cases in China has accounted for about one-third of the civil cases in the first instance in recent years,and the number of cases has continued to rise.The family is the cell of the society,the family and everything,and the trial quality of the family case is directly related to the harmony and stability of the society.However,due to the current provisions of the Civil Procedure Law,the civil litigation system of our country is established in the context of adapting to the market economy system,mainly to satisfy the civil and commercial trials,and it is difficult to fully conform to the ethical Family matters such as personalness and privacy.With the changes in social economic development and the concept of marriage and family in recent years,the family life pattern has undergone major changes.The drawbacks of the trial mode and the inconsistency of family cases have become increasingly apparent.For the reform of family trials,the trial methods and mechanisms have been changed,and family trials have been promoted.The voice of quality and efficiency is increasing.In 2016,the Supreme People's Court launched a pilot trial of family trials nationwide,and the family trial reform was fully rolled out.This paper selects typical pilot courts to track and collect the types of cases and case characteristics,reform measures and quality effects of the family cases in recent years.Combining its achievements and shortcomings,and further learning from the experience of family trial reform in Germany,Japan,Britain and other countries,the exploration and practice of family trial system innovation,in order to provide useful reference for promoting family trial reform and improving family trials.The first chapter of this paper begins with the background and necessity of China's state trial reform.First,it focuses on the background of the trial of the family trial reform in the Supreme People's Court.Second,it is from the particularity of family cases,the drawbacks of current family trials,and the gradual reform of the judicial system.In-depth and other angles analyze the necessity of trial reform in our country.The second chapter focuses on the family trial reform of B District of S City and S District of C city People's Court.It focuses on the family trial reform of the B District Court from 2012 to 2017 and the S District Court from 2015 to June 2018.Facing the new characteristics of family affairs cases,sorting out the reform measures and effects of family trials,and observing the quality and problems of our country's trial reform practice from an empirical perspective.The third chapter is the reference and reference for the extraterritorial experience of family trial reform.Through the review of the trial reform process in Germany,Japan and Britain,the authors observe the advanced experience of the pioneering reform of family trials in Germany,Japan and Britain.And practices,learn from each other's strengths,in order to provide some reference and reference for the further deepening of our country's trial reform.The fourth chapter is based on the path improvement and innovation of family trial reform.Through the previous difficulties and shortcomings in the domestic family trial reform and the reference to the experience of extraterritorial reform,we will further improve the suggestions and opinions of our country.