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Research On Family Affair Investigator System

Posted on:2021-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:X LanFull Text:PDF
GTID:2416330626961294Subject:Law and law
Abstract/Summary:PDF Full Text Request
In 2016,the Supreme People's Court issued the "Opinions on the Pilot Work of Reforming Family Trial Modes and Working Mechanism Reform." The opinion clearly stated that it is necessary to explore the introduction of family investigators to continuously improve the judicial service and guarantee level of family trial.The family investigator system is a unique system in the family litigation process.It is to resolve family disputes and to clarify the facts of the case.The court appoints special investigators in accordance with its powers or the party according to the application to conduct a comprehensive investigation on the facts of the party's life,work,study,etc.System.The introduction of this system in family cases not only helps to reduce the pressure of post judges,but also has the special value of increasing the mediation rate of family cases,guaranteeing equal litigation status of parties and restoring family relations to the maximum.Today,although the family investigator system has achieved certain results,due to the lack of legislation and the lack of theoretical research,many problems have been exposed during the pilot process.Under such circumstances,based on the general background of the reform of the national trial system in our country,based on the experience and difficulties encountered in the pilot process of the family investigator system,combined with the advanced legislative experience in Taiwan and abroad,we should follow the improvement of the family investigator system.The study of the principles and specific paths has important theoretical and practical value.Through research,it is found that the improvement of the family investigator system should follow the principles of comprehensive investigation,objective neutrality,confidentiality,and the principle of maximizing the interests of minors.In the specific improvement path,we should proceed from multiple perspectives such as perfecting the selection mechanism of family investigators,clarifying the rights and obligations of family investigators,scientifically setting up specific procedures for family investigations,establishing a family investigation report system,and improving the guarantee mechanism for family investigations,so as to The familyinvestigator system is continuously systematized,standardized,unified and more universal.
Keywords/Search Tags:Family Affair Investigator, Family investigation, Family trial reform, Family dispute
PDF Full Text Request
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