Study On The Path Of Social Workers' Intervention In The Innovation Mechanism Of Family Trial

In recent years,with the release of the ?Opinions of the Supreme People's Court on the trial mode of family affairs and the reform of working mechanism reform?,many scholars have carried out a lot of researches on the institution setting,mechanism establishment,environment arrangement and team building of family trial.In 2016,national courts heard 1.397 million divorce cases involving nearly 5million families and about 10 million parties.Family dispute cases have become a very influential class of cases in China.Most scholars believe that at present China does not yet have the conditions to establish a family court.It is better to gradually set up specialized family courts in local courts and accumulate enough experience to try the construction of family courts.Although the courts have gradually started to reform the three kinds of mechanisms,such as family mediation mechanism,family trial mechanism and family support mechanism,but there are still problems such as judges' lack of professional knowledge,limited time and energy,insufficient personnel and so on,thus providing corresponding space for the development of professional advantages of social work.At present,there are few researches on the mechanism of social workers' intervention in the judicial innovation mechanism.This study hopes to summarize the practical experience of the court's introduction of social workers,and combine relevant literature and typical cases to concise the interactive path andpractice path of the future social workers' intervention in family trial innovation mechanism,which helps to improve the effect of family cases and to properly solve the family dispute.This study believes that social workers can get involved in the innovation mechanism of family trial by relying on three interactive paths.Firstly,social worker support intervention,that is,social workers take the role of expert advisor,and provide interventions for family judges,clerks,and other related staff to provide training,consulting,and other supporting services,mainly including social worker education support,analysis support,and research support.Under this path,informal partnerships between social workers and courts have resulted in more independent choices for both parties due to the weaker binding force.At the same time,they have also formed a counterforce on the promotion of social professionalism,but in the process,there is also the possibility of insecure service quality.The second is social worker supplementary intervention,which means that social workers,through their employees' status,have signed relevant legal agreements or contracts with the courts to become internal staff of the court,and they complement the task that the original staff of the court cannot independently undertake,and provide services in different family trial innovation mechanisms.The focus of this path is to specify the specific mechanisms for the establishment of jobs,the responsibilities and tasks of the social workers in the various mechanisms,and the corresponding incentive and punishment measures.Under this path,the stronger binding relationship between social workers and the courts brings convenience to management and practice,while at the same time it may also deter workers' professional advantages and innovation capabilities to some extent.Thirdly,social worker alternative intervention involves the establishment of a cooperative relationship with the court through social work organizations as a whole,and social workers replace courts to provide services in the family trial innovation mechanism.In this path,after the court selects the cooperative organization and specifies the contents and powers of cooperation between the parties,the social worker organization shall be responsible for the specific responsibilities and management coordination of the workers.This path has the advantage of promotingcompetition,efficient operation and professional growth,but there is also the risk of organizational conflicts and organizational disqualification.In judicial practice,the court should choose a reasonable path or optimize and integrate it according to the actual situation.At the same time,this study further puts forward the practice path design to improve social workers' intervention.First of all,we must do a good job in the top-level design of social workers' intervention,formulate specific legislation on family trial work at the legal level,and involve social workers as a separate chapter of the law.At the same time,it is necessary to improve the policy to strengthen the standardization,support,and guidance of social worker intervention.In the family mediation mechanism,the social workers are defined as professional advisors,family mediators and supervisors in various identities.Social workers are involved in the whole process of pre-court,mid-court,and post-court mediation and do a good job in occupational discipline supervision and management work.In the family trial system,social workers are properly empowered to participate in the exemption mechanism for investigation and evidence collection,assisting family judges in obtaining key evidence that weak parties with proof ability cannot prove,and empowering social workers to assess situations and initiate personal protection and safety orders,and jointly social workers have joined the anti-domestic violence prevention and control network and are responsible for the rapid handling of domestic violence cases in the personal safety protection mechanism.They can temporarily allow social workers to exercise custody in case of family disputes,intervening in an independent agent mechanism.In the family assistance mechanism,social workers are entrusted to intervene in the family investigation mechanism and are responsible for investigating the physical and mental conditions of the parties or other family members,family relations,economic conditions,etc.;and guiding social workers to intervene in the psychological intervention mechanism,using individual social work conversation skills to ease tensions among the parties and other family members and eliminate feelings of discord and bridge feelings.The design includes social workers assisting family judges to complete post-criticism observation,intervene in return visits to caremechanisms,and reduce the workload of family judges.Social workers also follow up on the parties and other family members after the judgement.Although social workers are involved in the family trial and innovation mechanism,it is not only the actual need of the family trial reform to the court,but also the opportunity for the growth and development of the social work profession.However,in the process of actual progress,it is still possible for social workers to malpractice,to intervene in the legitimacy of questions and other unexpected problems.How to promote social workers to fully intervene in the family trials and innovation mechanism while avoiding risks through institutional design,and gradually improve the way the social workers are involved is the focus of future exploration.