Research On The Specialization Of Family Judicial Institutions

At present,the number of family disputes,especially divorce disputes,is increasing sharply,and the complexity of disputes is getting higher and higher.Family disputes are more special than other ordinary civil cases,which poses new challenges to the traditional family trial methods.In addition,our country has not yet established a professional family trial team,and the ability of trial judges is not enough to deal with complex,large number of family disputes and related work.The imperfect working mechanism and supporting mechanism make it difficult to solve the dilemma of family trial in China.If the family disputes are not handled properly,it will not only destroy the family life order,but also have a negative impact on the whole social order.Therefore,it is necessary to study whether China is suitable for the construction of family judicial institutions and how to build and improve specialized family judicial institutions.The first part of the paper elaborates the current situation of family trial in China and the reform practice of family trial institutions in China.This part raises the problem that family trial institutions have not yet been established in China.The second part analyses whether it is necessary to establish family trial institutions in China,and studies from the following three aspects: the current situation of family trial centered on divorce disputes;The realistic predicament and bottleneck faced by the traditional family trial mode;the superiority of the family trial institutions in resolving the traditional family trial;the third part puts forward suggestions on how to construct and improve the family trial institutions of our country on the basis of the necessity of construction,drawing on the mature and advanced experience of other countries and regions,and combining the current judicial situation of our country.Suggestions for improvement include the following aspects: setting up a family court in the court at the first stage,mainly responsible for hearing family disputes,setting up low cost and achieving better results;drawing lessons from the practices of other countries and regions such as Japan and Korea,setting up professional family judges and assistants in family courts;using advanced hands such as science and technology and the Internet in family trials.With the help of adjudicators,judges should try their best to discover the facts of cases,strengthen mediation and resolve disputes in order to benefit the reform of family judicial organs.