Research On The Reform Of Family Trial System In China

As a result of the change of society and lifestyle in China,the rate of divorce has been going up,which directly leads to the drastic increase of family case.Mainly made up of cases related to marriage,family and inheritance,family case has the characteristics of intimacy,stealthiness and ethicality and profound effect on the parties,their family members and the public order as well as custom of the society overall.These factors altogether determine only by differentiating the trial and judgment between traditional civil and commercial cases and family cases can fairness and justice come into reality.Therefore,China has been conducting the reform of the institutions of the trial and judgment of family case,for the purpose of the solution of the problems,for instance,the flawed value selection,trial mode and proof regulation of family law,the limit of judge's investigation in accordance with power,the difficulties in the execution of family cases' judgement and the influence the court's internal performance indicator has on the trial.Thus the examples of Germany and Taiwan Province in which the institutions of the trial and judgment of family case are advanced and full-fledged,can be taken by China,such as enacting family procedure law,establishing family court specializing in family cases,providing ancillary facility and setting up diversified dispute resolution.Moreover,practical experience of some Chinese regional courts ought to be combined with the experience beyond the borders.Aiming at the problems that arise in the process of the reform,we can commence with five aspects:legislation of family law,construction of the specialized organ of family cases,improve the ancillary facility for the solution of family case,execution of the family cases' judgment and performance appraisal mechanism of family case judge.