On The Path Of Specialization Of Family Trial

Family case refers to the case of determining the identity relationship and the dispute of marriage and family relationship based on the identity relationship.With the continuous change of China’s economic and social development,the relationship between the law is becoming more and more complex,which leads to a lot of maladjustments in the current family trial mechanism,and also makes the community pay more and more attention to the reform of family trial specialization.Therefore,the author takes Nanzheng District People’s Court of Hanzhong City,Shaanxi Province as an empirical investigation and analysis sample,and systematically analyzes the current situation and current situation of family trial in China,It points out that there are some common contradictions in the three aspects of procedure,organization and staff setting in the family trial,such as the imperfection of the trial procedure norms and legislation,the improper distribution of the burden of proof,the low degree of specialization in the trial of the auxiliary personnel in the family trial,and the inability of the traditional civil trial method to meet the actual needs of the family trial.Through empirical investigation,this paper analyzes and summarizes the family trial experience and practice of the pilot courts,and then puts forward the overall idea and assumption of improving the path of family trial specialization in China,and explores the path of solving the professionalization of trial procedures,family trial institutions and trial teams,with a view to providing a reference for the path research of family trial specialization.This paper holds that the way to improve the specialization of family trial in China is mainly considered and realized from three aspects: the specialization of family trial procedure,the specialization of trial institutions and the specialization of family judges.By summarizing and drawing on the advanced experience of foreign family procedure law,the specialization of trial and the professional pilot experience of domestic people’s courts at all levels,We have created a special family trial procedure law,established the system of authority doctrine,the maximization of the legitimate interests of minors,the closed trial and the personal court trial of the parties,built the evidence rules and mediation procedures in line with the law of family trial in China,and explored the establishment of multi-level professional family trial institutions and professional family trial teams throughout the country.