Research On Family Investigator System In China

Family cases feature its personality,secrecy and public welfare and the trial of family affairs is different to that of common civil cases as it put more stress on the maintenance of family harmony and social order except for values such as procedural and entity justice and efficiency that the common civil cases are pursuing.In order to reach this goal,deeper causes of related disputes are supposed to be explored,and thus the application of the doctrine of ex officio is emphasized during the trial process of cases.From June 1st,2016,the supreme court have implemented a two-year reform and pilot study on the trial of family affairs in 118 designated intermediate and grass-roots courts and explored the introduction and application of family investigator system,which represents a direct embodiment of the doctrine of ex officio.It has played a significant role in uncovering case facts and realizing substantial justice and can facilitate the trial of family cases.At present,this system is still in an initial stage without a uniform norm,needing constant exploration and development,and imperative problems are witnessed in the juridical practices,so it is theoretically and practically meaningful to conduct a further study on the current situation of family investigator system.In this paper,the researcher,first of all,discussed the basic theory of the family investigator system,analyzed and summarized the implementation situation of this system in juridical practices,and then concluded the existing problems in the family investigator system.At last,this paper put forward its suggestion for the improvement of the family investigator system by combining the beneficial experiences from foreign countries and the reality in our country.This paper is divided into four parts.The first part involves the overview of the family investigator system,containing the meaning,features and functions of this system,and the exploration of the necessity and feasibility of establishing the family investigator system.The second part mainly summarizes the implementation situation of this system in juridical practices,including the selection criteria and method of investigators,the content and way of investigation,the rules in applying the investigation report as well as the guarantee of duty performance.In this part primarily concludes problems existing in the family investigator system in our country based on the practical situation,for instance,the shortcomings in the selection qualification and method of investigators,the lack of specific content and items of investigation,the absence of refined and in-depth investigation method,and the non-uniform application rules of the investigation report.In the third section,the author will introduce the development situation of the family investigator system in some foreign countries and their referential value.Finally,suggestions are offered in terms of improving the selection qualification and method of family investigators,specifying investigation content and scope,ameliorating investigation method and normalizing the application rules of investigation reports.