On The Current Situation And Perfection Of Family Trial In China

With the development of society,family cases gradually show the characteristics of complexity and pluralism.Not only the number of cases increases sharply,but also the types of cases show novel characteristics.Family cases are difficult to prove evidence and emphasize the protection of vulnerable groups.The traditional litigation mode which emphasizes the adversarial principle and the confrontation between the parties has been established.After being unable to adapt to the family trial at this stage,it is urgent to establish a family trial procedure with Chinese characteristics.In view of this,in 2016,the Supreme Court carried out the reform of family trial in 118 courts nationwide to provide practical experience for the improvement of family trial.Three years later,the results of family trial can be checked and accepted.At present,the situation of family trial in our country is more complex,and there is no unified thought and regulation in the process of practice,which causes the problems of each system of family trial.The innovation of this paper is to collect the excellent experience of the courts in the process of family trial reform and to compare the advanced experience of foreign family trial from the principle of family trial,so as to improve the current system of family trial in our country.Starting from the basic theory of family trial,this paper discusses some common problems of family trial in the first part,including the meaning,scope,guiding ideology and basic principles of family trial,which provides a theoretical basis for the improvement of family trial in the following part.The second part is to discuss the achievements of our country's family trial reform and the existing problems of various family trial systems at the present stage,focusing on the research and analysis of family trial organization,family investigation system and family mediation system,as well as other family system such as the divorce calm period system.Research.The third part is to draw lessons from some systems in the developed countries,with Japan,Britain and Germany as the main objects of observation,and draw useful experience from family legislation,family trial organization,family mediation and family investigation.The last part is about the suggestions for perfecting the family trial system in China.That is to say,we should learn from our practical experience and also from the excellent achievements of foreign countries.Generally speaking,we should establish a unified family trial rule.From the perspective of various systems,there are still some problems to be improved,such as the unobstructed cooperation of three family members,the scope of family mediation should be refined,etc.This article has a detailed discussion,through each family matter.The trial system should be refined and perfected to improve the level of family trial and promote the development of family trial in China.