Research On The Principle Of Non-open Trials In Family Justice

With the continuous advancement of the family trial and reform of the way working mechanism,the process of family trial,as an important part of the judicial reform of family affairs,has attracted much attention.Family cases have the characteristics of privacy,identity,emotion and public welfare etc.,which determine that the protection of the right to privacy of the parties and minors should be particularly reflected in the proceedings,so as to meet the needs of family justice and protect the legal rights and interests of minors and the elderly and other vulnerable groups.The handling of family cases involves not only specific family relations,but also social stability.Therefore,the family judicature shouldn't only focus on solving family disputes,but also be committed to ensuring the maximization of the interests of minors,adjusting interpersonal relations,repairing broken emotions,and bridging the family rift,in order to create general mood of society and family atmosphere,promote family harmony and social stability.The ultimate aim is making family justice come true.But the law has not stipulated the family the special rules applicable to the trial procedure,embodied in: the revision of the civil procedure law legislation always runs through ordinary type property legislation thinking and system design of case,the trial mechanism and litigation mode is difficult to realize the family cases completely solve maximize and safeguard the interests of the minors.Based on this,since 2016,the supreme people's court has repeatedly put forward and implemented the exploration of humanized solutions,set up the humanized trial concept,protect the privacy of the parties,and pay attention to humanistic care.From the point of the reform process and reform achievements,family trial mode and working mechanism reform has noticed that the family trial limit public problem,this paper tries to further study the family of judicial public trial principle,demonstrates the rationality and the housework of the family trial public principle referee public realistic necessity,to push the family the process of judicial reform,provide a reference for the family litigation procedure of system design and theoretical support.In this paper,research on the principle of private trial in family affairs mainly includes the following five chapters:The first chapter expounds the meaning of private trial in family affairs.By summing up the understanding of "family affairs" and "judicature" in the academic circle,this paper analyzes the scope of family affairs cases and the object to which the family affairs cases referred to in this paper are directed.On this basis,it discusses the connotation and characteristics of times of family affairs judicature,and clarifies the semantics of the principle of private trial on family affairs judicature.The principle of non-public trial in family judicature refers to that the people's court is not open to the public in the process of hearing family cases.The second chapter discusses the theoretical basis of the principle of private trial in family affairs.As the exception of judicial openness,the non-public trial of family affairs is based on the particularity of family affairs cases and the needs of reality.The contents involved in the family case are private and touch the most private information among the family members.Family cases involve emotional,emotional and psychological entanglements between husband and wife and relatives,which makes it difficult to unify the judgment scale.Family cases are about public welfare,not just personal gain and loss.Therefore,the non-public trial principle of family judicature responds to the humanization demand of family judicature,the demand of implementing and carrying about the principle of maximizing the interests of minors,and the internal demand of realizing the adjustment function of interpersonal relationship of family judicature and realizing the justice of family judicature.Family judicature should pay more attention to humane care.The third chapter expounds the system of non-public judicial trial of extraterritorial family affairs.This part studies the non-public judicial trial system of family affairs outside the region,and analyzes the characteristics and references of the principle of non-public judicial trial of family affairs outside the region.In particular,Germany implements the comprehensive non-litigation of family cases,and adopts the principle of non-public trial and the clear principle of non-public trial of Japanese procedural law on family affairs.In addition,the paper mainly introduces the legislation and the judicial practice of private trial of family affairs in Taiwan.The fourth chapter analyzes the present situation of private judicial trial in family affairs in China.This part mainly expounds the current situation of the judicial reform of family affairs in China,especially the exploration of the system related to the closed trial of family affairs by the supreme people's court and the local courts at all levels.On the basis of this,the necessity and feasibility of closed judicial hearing of family affairs are analyzed comprehensively and systematically.The fifth chapter puts forward the concrete idea of carrying out the principle of private trial in family affairs.Specifically,it includes separate legislation on the trial procedure of family cases and the principle that family cases should be tried in private,identity relationship disputes should not be heard in public,property disputes related to identity relationship should not be heard in public,and family non-litigation cases should not be heard in public.Based on the fact that trial and judgment are two independent and inseparable links in family judicature,this paper puts forward that family adjudication should be open as a principle,and puts forward some suggestions which is necessary measures to open family adjudicatory documents on the Internet.