Research On The System Of Court Investigation And Evidence In Family Litigation

The development of social economy,the change of traditional marriage concept and the tendency of individual to free and independent social relations all promote the change of family property relationship and personal relationship among family members.The trial of family cases has always been the application of ordinary civil procedure,focusing on the trial of property relations.The trial is dominated by confrontation and argument between the parties.The judge will not delve deeply into the deep-seated reasons behind the dispute.The trial results fail to find the true purpose of the case,resulting in family relations can not be repaired in time,affecting social order and stability.Therefore,taking into account the characteristics of the family case itself and the need to hear it,the court should appropriately expand its reassignment The power and scope of seeking evidence,actively seeking the truth of the case,balancing the litigant ability between the parties,paying attention to the protection of the interests of the social vulnerable groups,and achieving the judicial effect of maintaining social stability.This paper is divided into three parts: introduction,text and conclusion,in which the text is composed of four chapters.The main contents of each chapter are as follows:In the first part introduces the background of the trial reform of the family litigation in our country,and then analyzes the shortcomings of the existing court investigation and collection of evidence in the family litigation,in order to highlight the court collection.The significance of investigating evidence in family proceedings.In the second part introduces the achievements made by the court in the practice of investigation and collection of evidence in the reform of family trial,that is,entrustment investigation,the "element type" of litigation materials,and the declaration and investigation of property clues.At the same time,three kinds of investigation methods are evaluated,and the characteristics of the court in the practice of investigation and collection of evidence are summarized.In the third part expounds the deficiency of the court investigation and evidence collection in the family litigation from three aspects.Firstly,the expansion of the court investigation authority lacks the legal basis in practice,and the family cases are not classified in practice.The extent of the scope of the court's competence to investigate is unclear;Secondly,it analyzes the problems of the third party investigation in terms of the qualification of the investigation subject,the time limit of the investigation and the nature of the investigation report.Finally,it discusses the deficiency of the protection of the interests of the parties and the stakeholders in the investigation process of the court.The fourth part is based on the discussion and analysis of the above contents,the author puts forward that the legal basis of the intervention of the court investigation authority should be established,and on the basis of the classification of family cases,the scope of investigation and collection of evidence in different types of cases should be defined.The third party investigation should be standardized,and the court investigation and evidence collection should be strengthened to protect the interests of the parties and stakeholders.