Research On The Application Of Reason In Family Trial

As China's economic and social development has entered a new normal,the relationship between marriage and family has become increasingly sensitive and fragile,and family disputes have risen year by year.It is often complicated and complicated,and even causes serious social problems.To this end,the Supreme People's Court in 2016 proposed the reform of the family trial method and working mechanism.This paper gives a thought on the rationality of family trials through the judicial reform of family trials.The full text has five parts.In the introduction,it introduces the background and significance of the topic,the research status of the application of the judicial application of justice,and the research methods of this paper.It points out that the current academic research on the application of reason in modern justice is rare,especially in the family trial.Involved.The first chapter discusses the judicial value and practical significance of the application in the rationality of family trials.In this chapter,we first discuss the definition of reason in the judiciary,and then expound the judicial value and practical significance of its application in the family trial.The use of rational judicial practice stems from the judgment of the Ming and Qing Dynasties.Its connotation is rich,and it is not limited to the meaning of "human feelings and heavenly principles",but also contains facts and relationships.The reasoning applied to the trial has legitimate legitimacy,and it can be filled with the same legal principle.It can fill legal loopholes,balance interests,and contribute to value judgment,and is necessary for family trials.The second chapter discusses the judicial status quo and the lack of practice in the rationalization of family affairs.Starting from the family trial reform,it shows the series of results obtained in the trial application practice of the pilot court.From the perspective of the N court family trial practice,the practice of the trial application of the family court is further embodied by the reference to the three real cases of the N court.Value--promoting family mediation,balancing interests,saving judicial costs,etc.At the same time,the discovery of problems in practice and application summarizes the lack of practice in family affairs.On the basis of the previous two chapters,the third chapter puts forward the countermeasures and suggestions for the application of perfection in the family trial,improves the ability of family judges to apply reasonably and strengthens the reasonable application of the rationality in the family trial by strengthening the trial supervision.The last part is the conclusion.Summarize the full text,and put forward the author's views on how to apply it in the family trial.The author believes that the rationality of family trials can promote the realization of family trial functions,improve the efficiency of trials,and add vitality to family trials.However,reason must be reasonably applied in the framework of the law,and cannot exceed the provisions of the current Constitution,laws and regulations.The family judge should raise the rationality and cognition of family trials,adhere to the "limited sense of value theory",overcome the disadvantages of the law,and enable the rational,rational and flexible application in the house trial.