Research On The Family Investigator System

Compared with the general civil relationship,family disputes are highly personal and private,our family pays attention to the substantive law of marriage and family ethics,in the legislation to implement the equality of men and women,public order and good customs,such as the principle of maximizing the interests of children,but in the judicial practice,dealing with family disputes,because of the family since ancient times the closure and autonomy,the limitations of the judicial organ confined the system,often can not grasp the hidden family disputes in the facts of the case,to judge by family disputes in Civil Dispute Adjudication to handle the complicated simple.Based on this,our country has been reforming its family trial since 2016.Family Frial Reform is an important part of China's judicial reform in recent years.Under this opportunity,we explore a diversified way to solve family disputes.The Family Surveyor system is one of the auxiliary systems to solve family disputes cases created by Japan after World War II.After years of improvement and development in Japan and Taiwan,family investigators system has gradually matured.This system refers to solve family dispute,restore the facts of the case,investigators have professional knowledge commissioned by the court or the parties to apply,based on the life of the party,working and learning environment visited the site survey,to understand the life of party spirit,environment,economic status,explore the causes of disputes,to report in fact the survey form specially summarized,to help the parties to clarify a system of the facts of the case.The system aims to find out the facts in the case of family affairs,help the referee to understand the full picture of the case clearly,use the law correctly,and make a fair and just verdict.Moreover,the system can also help the minors and the disadvantaged parties in the dispute,giving necessary help in the investigation stage,and effectively implementing the principle of fairness and justice and the maximization of children's interests in the judicial practice.Our marriage and family legislation reflects the strong ex officio doctrine,in order to maintain social stability and public order and good morals,but influenced by traditional culture,in the judicial practice,the civil dispute judge debate follow the guidance,maintain neutrality in family disputes,which inevitably makes the judge lack of initiative investigation the family dispute the facts of the case,the referee shall not repair and ideas in education carried out very well.At this time,the establishment of a Family Surveyor system suitable forChina's national conditions can help the referees to clarify the facts and rights and obligations in the cases while maintaining judicial neutrality,and make judgments for the parties and the society.And in the execution stage,the executive counsel in the Family Surveyor system can impose certain pressure on the executors in the stage of execution of the case,increase the possibility of consciously fulfilling the court's judgement,and solve the problem of difficult execution in judicial practice to a certain extent.This article through the introduction and analysis of Japan and China's Taiwan region Family Surveyor system,clarify the family investigation officer and the concept of the system,and careful analysis of China's judicial practice in dealing with problems in family disputes,combined with the practical results of family trial reform,the feasibility of the system in China to establish the necessity and.Combined with the legislative and practical experience at home and abroad,the system model of Family Surveyor system in China was initially constructed,and some suggestions and suggestions were put forward to deal with such special problems as juvenile delinquency,legal nature of family investigation report and so on.