The Study On The Family Trial System In China

The family dispute case is different from the ordinary civil case.It has the characteristics of ethics,identity and public welfare.As the German philosopher Kant said: "Family is the epitome of society,and the family is the smallest society with the ability to maintain spontaneously." Due to the particularity of family cases,the family trial mechanism and method are also very different from ordinary civil trials.The trial is not only related to the repair and treatment of marriage and family relations,but also related to the establishment of marriage and family ethics,and the establishment of a special family trial system is an inevitable requirement of China's trial system and the modernization of trial capacity.With the complication of family cases,the traditional family trial mechanisms and working methods of various countries have shown a certain degree of lag and incompatibility.For this reason,many countries have carried out continuous reform of family trials and established rules that are consistent with family trial.Specialized family trial system,the professional development of family trial system has also become a trend.Among them,the overall non-litigation trend of family cases and the interleaved application of litigation and non-litigation procedural principles in family trials are particularly evident.In recent years,domestic family cases with divorce as the main content have increased year by year,the types are increasingly diverse,the difficulty of handling is increasing,and the contradiction between judicial supply and demand is outstanding.Correspondingly,China has not yet established a special family trial system for family cases,and the inadaptability of the family trial work methods and mechanisms under the long-term litigation procedure of "emphasis on refereeing over marriage and family relationship repair" has gradually become prominent.The design and practice of the family trial system are incompatible with the characteristics of family cases and the rapid transformation and development of our society.It is difficult to meet the needs of family trial work,and it is difficult to effectively meet the increasing family judicial needs of the people.So that the court cannot better shoulder the social functions of promoting social fairness and justice and maintaining the overall social stability.To this end,in 2016,the Supreme People 's Court began a two-year trial of family trial reform in 118 courts across the country.The reform of the family trial that has been brewing for many years has begun.This reform is also a bold test for the establishment of a special family trial system in China.try.Under this background,how to perfect and construct a special family trial system that meets my country's national conditions is currently the main problem facing our country's national trial,and it is also the main problem that this article tries to solve.With the reform of family trial as the background,this article makes a macro-theoretical discussion on the current family trial system in my country from the perspective of the improvement and construction of the judicial system.The improvement and construction of the family trial system is based on the theoretical study of family cases.This article starts from the theoretical analysis of family cases and the legal analysis of the family trial system,and comprehensively uses literature analysis,comparative research analysis,semantic analysis and other research methods to explain The basic theory of the non-litigation procedure and the legal principle of the non-litigation procedure of the family case are pointed out.The problems in the current family trial system in China are pointed out,and the construction of the family trial system based on the concept of the non-litigation procedure is proposed.On the basis of the latest research results,combined with China's national conditions,a concrete and feasible construction path is given,which has very important theoretical and practical significance for the current reform of family trial in China.