Research On The Family Investigator System

In recent years,the number of household affair cases among our country has been increasing year by year,with complex and diverse types,which has been more and more difficult to resolve such conflicts.It is hard to properly resolve household affairs in the civil-trial way based on traditional litigantism,hence the intervention of court's power needs strengthening.Based on the limitations of judicial resources and the advantages of social forces in the coordination of household affair cases,with the help of social forces,there are important measures,such as,establishing a professional team of household affair inspectors,exploring the construction of the household affair inspector system,to realize the substantive justice of household affair judgement,alleviate the pressure of current judicial resources and promote the professionalization of household affair judges.In the two-year pilot project of household affair trial reform,the household affair inspector system has achieved certain results.However,the problems within have gradually presented prominent.In order to improve the auxiliary investigation procedures of household affair trial and make such affair achieve real settlement,as well as promote domestic harmony,it is supposed design and standardize from the legislative level.The paper will be divided into four parts:First of all,a general discussion of the basic issues of the household affair inspector system,which mainly elaborates on three parts:firstly,a definition of household affair inspector meaning will be made,to explain its auxiliary,neutral,technical and professional characteristics;secondly,the theoretical basis of the household affair inspector system will be explored starting from the particularity of household affair,discussing the value basis of the system from three different aspects:the pursuit of family justice,public welfare protection and the protection of minors'interests.Thirdly,the functions of household affair inspector system will be analyzed,including the rational allocation of judicial resources and the effective restoration of social fabrics.Through the combing of this part,not only can the understanding of the household affair inspector system be systematically constructed,but also lay a foundation for the need to discuss the system later.Second,a comparative investigation of the legislative provisions and practices of the extraterritorial household affair inspector system will be conducted.Through the combing and comparison of the household affair inspector system in the civil law system of Japan and the region of Taiwan,the Anglo-American legal system of the United Kingdom and Australia as well as other countries and regions,it is worthwhile to draw lessons from the extraterritorial system,thus to learn from the principles and methods of the legal construction of the household affair inspector system for our country.Then,the author sorts out and analyzes the practical exploration of the household affair inspector system based on China's current family trial reform.In the sample selection,the comparatively characteristic and representative Jiangsu Xuzhou Tongshan Court,Shandong Wucheng County Court and Zhejiang Haicang District Court have been selected to compare the similarities and differences between the household affair inspector's normative documents and the specific application,finding that the this system has achieved good results in promoting reconciliation,mediation and facilitating to admit judgments and denounce actions.However,due to the lack of legislative provisions at present,there have been many problems in practice,such as the lack of unified planning,the different sources of household affair inspectors,the confusion of functions,the unidentified status of inspectors,the blurring legal nature of household affair inspection reports,the overall quality of the team to be improved,etc.In view of the above issues,the author puts forward the legislative conception of the household affair inspector system,drawing on the experience of the extraterritorial system and the current exploration experience in China.First,the scope of application of the household affair inspector should be clarified,and also the inspector's legal status.Second,the procedures of the household affair inspector should be systematically involved,including the selection and management of personnel,the responsibility scopes and working procedures,and the legal attributes of the inspection report of the household affair inspector should be defined at the same time and uniform application provisions for the household affair inspection report.In addition,detailed regulations on the rights and obligations of household affair inspector should be made.