Coordinating The Specialization And Socialization Of Family Trials

The trial of family matters has its own identity,social welfare and other characteristics.The procedures and trial methods of ordinary civil lawsuits are difficult to meet the objective needs of family dispute resolution.China's research on family cases started late,and neither the legislative aspect nor the judicial aspect has adapted to an independent system of family case.In2016,the Supreme People's Court launched a reform of family trials,and courts in various regions across the country competed for trials,hoping to make the family trial reform more "professional." At the same time,the social forces for family dispute resolution are gradually mobilized,and there is even a certain "socialization" trend in family trials.For this reason,while professionalizing and socializing family trials,it is necessary to clarify the dialectical relationship between "professionalization" and "socialization",and strive to dig deeper into the internal relationship between them to form a complete set of "professional" family trials.The "social" integration and joint settlement mechanism realizes a diversified response to family disputes.In addition to the introduction,this article is divided into three chapters:The first part is "professionalization of family trials and reform ideas".This section divides the professionalization of family trials from the two aspects of subject and procedure.Under the premise of understanding and mastering foreign advanced theoretical knowledge systems and their judicial practices,they make reference to extraterritorial institutional models and make reforms in China.Corresponding analysis,through the collection and comparison of China's professional reform practice,the professionalization of family trials,such as "the domestic court is not suitable to establish a family court","the formulation of general standards for the selection of family judges" and the "legal work to start family trial procedures in due course And other general judgments,conceived a reform model that suits China's national conditions.The second part is "Socialization of family trials and reform ideas".This part is divided into two parts.The first is the study and reference of foreign "socialization".The socialization system model of extrajudicial family trials is launched from the perspectives of social participation outside the trial process and social participation in the trial process.Discussion.Socialparticipation outside the trial process includes the participation of social forces in family investigations and the provision of psychological counseling services by social forces.Social participation in the trial process includes the participation of social forces in family trials and the participation of social forces in family mediation.An analysis of the status of “socialization”reforms,elaborates the current status of the participation of social forces in our country 's trials in terms of policy theory,legislation,and judicial practice,and clarifies that the introduction of social forces has realized the function and value of family justice,that is,the emotional nature of justice in family disputes On the purpose of rational handling and the humanization of family justice.The third part is "the coordinated path of professionalization and socialization of family trials." This part is the core chapter of this article.By taking "the specialization is not appropriate for the court's own over-professional construction and the need for socialized professional strength to reinforce" as the starting point,and under the premise of carefully thinking about the "principle of social forces in family trials",To build a convergent mode of the two solutions to disputes in our country,that is,in accordance with the "proportion principle" and "closest connection principle" to strengthen the trial,mediation and protection of vulnerable groups,but also need to strengthen To achieve in-depth integration in legislation,court and social force personnel docking,job transfer and other aspects,in order to achieve the purpose of this article to establish a family trial professionalization and socialization coordination and coordination mechanism.