Research On The Multiple "Resolving" Mechanism Of Family Trial

In April 2016,the trial work of the state trial method and working mechanism reform was officially kicked off.The pilot courts reformed and innovated the family judgment method according to local conditions.The family trial reform has been more than three years,and the results have begun to show.However,some problems were also exposed during the reform process:First,the concept of "resolving" in family trials is lacking.The concept of traditional confrontational trial and the concept of passive justice have encountered bottlenecks due to the failure to conform to the characteristics of family disputes.The concept of "resolving" have not been reflected in the family trial,resulting in family disputes could not be truly and completely solved.Second,the family trial matching mechanism has yet to be consummated.The lack of compulsory mediation system before the family trial court,the simplification of the trial mode,and the difficulty in implementing the post-trial return assistance system are difficult to meet,and it is difficult to meet the needs of diversified family disputes.Third,the construction of the family trial team needs to be strengthened.The increase in the number of family disputes and the increasing complexity of the relationship of rights objectively requires the construction of a family trial team led by family judges,family mediators,investigators and other multi-subjects.In view of this,it is imperative to explore a multi-disciplinary approach of family disputes,which is humanistic,professional and socialization,and to promote the establishment of a multi-subjective family-trial multi-disciplinary mechanism.First of all,based on the characteristics of family disputes,the current needs of solving the current disputes in our country,and the requirements of the reform of the judicial system in China,the necessity of constructing a multi-disciplinary mechanism for family trials is expounded;Secondly,based on the practical basis of China's trial reform and the experience of extraterritorial countries or regions,the feasibility of constructing a multi-disciplinary mechanism for trials in our country is discussed.Finally,from the establishment of the concept of "resolving" of family disputes,the concrete construction of the family trial supporting mechanism and the construction of the family trial team,the paper discusses the construction suggestions of the multi-disciplinary mechanism of family trials.Firstly,the family-based referee concept and the dynamic judicial concept run through the whole process of family trials,highlighting the professionalization,socialization and humanization of the "resolving" of family trials;Secondly,establish a pre-trial compulsory mediation system,clarify the scope of the family case,the specific operational procedures,and the composition of the mediation entity;Create a trial mode in the court,through the support of the hardware facilities of the family trial and the support of the soft system of psychological counseling,so that the family trial is no longer "cold";Implement the post-trial return visit assistance system,establish the "post-trial return visit assistance work procedures" to form a unified internal constraints.Through the improvement of the matching mechanism before,during and after the court,we will build a multi-disciplinary "resolving" mechanism for family trials.Thirdly,through the promotion of the comprehensive quality of family judges,the management norms of the family investigators,and the improvement of the system of family mediators,the three-member system of family trials is strengthened to construct a pluralistic "resolving"mechanism for family judgments involving multiple subjects.