| The Family trial refers to the special trial activities involving various disputes in the field of marriage and family.At present,the number of family cases in our country is huge and growing continuously.The types of family cases are diversified and becoming more and more complex.Family cases have strong human relations,emotions and customs,and are very private and hidden.Family cases are related to social public welfare.Judges have greater discretion,and family cases reflect respect for private rights in the process of trial,especially focusing on the protection of the interests of the weak.In China,ordinary civil procedure is applicable to the trial of family cases,but with the development of family disputes,the procedure has been unable to adapt to the new concept of family trial.In 2016,some courts in China have carried out the pilot work of family trial reform.In judicial practice,we have gained useful experience and good results,but there are also many shortcomings.Based on the current situation of the reform of family trial in China,this paper,on the basis of the research on the development of the reform of family trial,from the perspective of the procedural guarantee of the parties in family trial,and on the basis of explaining the theoretical basis of the procedural guarantee of the parties in family trial,investigates the system of family procedure in China,combs the current situation of legislation and practice,and puts forward the current situation.Problemsin the family trial procedure in China.Through macro-analysis and introduction of the content of procedural safeguard of the parties in the family trial procedure in foreign countries,especially in Japan,and combining with our country's family trial practice,this paper puts forward some reform ideas and measures aiming at reforming and perfecting our country's family trial procedure system by referring to Japan's beneficial experience,so as to make the procedural safeguard of the parties have a more comprehensive basis. |
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