Present Situation And Path Choice Of The Family Trial Reform In Our Country

Every family is a cell of society.Only when the family is harmonious can the society be stable,only when the family is happy can the society be peaceful,and only when the family is civilized can the society be civilized.The harmony and stability of the family is an important cornerstone of the national development and social progress.To create and maintain a harmonious family environment is a basic project to promote the construction of a harmonious society.It is also an significant part of building a moderately prosperous society in all respects.With the deepening of reform and opening up,the social economy has developed rapidly,the traditional family values and institutional norms have been a change that has not been seen in many years,and a large number of family dispute cases have also emerged,which showing the diverse and complicated features.Home means love and warmth,but once encountered disputes.There is no way to get around the cold laws.The settlement of family disputes is not only closely related to personal happiness,but also to the social stability and harmonious.In the process of hearing family disputes,courts around the country have never stopped the pursuit of efficiency in order to improve the judicial function,and have taken into account the demands of the subjects of family disputes for trial activities and the new expectations of social public opinion.In the face of the increasing trend of family disputes year by year,a variety of new problems mixed with ethics and morality are also associated with the court to constantly change the concept of family trial,and actively innovate and regulate the response mechanism what is the situation,but also the reality.This article is divided into four parts.The first part is to discuss the status quo of the family trial reform in China.Firstly,starting from the background of the family trial reform,it can be seen from the realistic consideration of the construction of family,family education and family style that the traditional way of family trial can not meet the needs of the Times,and the reform of family trial is the right choice.Secondly,the paper summarizes the typical reform measures and achievements of the national trial courts,and summarizes the achievements of the family trial reform from two aspects.The second part aims at the dilemma of the family trial reform in our country,take the lead in starting from the difficulty of the family trial,the lack of hearing limitation,the difficulty of property identification,trial evidence is insufficient and the circumvention of minor rights and interests from four aspects to extend in meaning the family trial reform of multidimensional predicament,there are the lack of legal protection,old concepts in the trial,the application of evidence has hit a bottleneck,insufficient specialization of personnel,social connection mechanism is not smooth,carry out from surface to depth.The third part is the investigation and comparison of the family matters judging system in extraterritorial and other regions.Through a comparative study of various countries and regions,it summarizes three common experiences: special legislation,innovative system,and cross-application of litigation and non-litigation,and draw lessons from the beneficial experience of the family trail reform in our country.The fourth part is the path selection of the family trail reform in our country,by summarizing the above,starting from the present situation of the family trial reform,combined with the characteristics of family disputes to analyze the dilemma in the process of the reform.Then it puts forward four working suggestions,which are to set up an independent family trial procedure,to innovate a standard family trial mechanism,to establish a professional family trial team,and to optimize the layout of the family court,to our country's family affairs trial reform road to explore.