Research On Family Trial Reform From The Perspective Of State And Society

The realistic pressure of family cases and the malpractice of traditional family trials all catalyze the development of the reform of family trials.In 2016,the supreme people’s court selected more than 100 courts across the country to carry out the pilot work of the reform of family trial methods and working mechanism,and the pilot courts carried out active exploration.However,this reform is not a modification of the details of the traditional trial methods in the past,but more of a change in the concept of the trial,and gradually began to attach importance to the significance of social forces in family cases.What is behind the reform is the logic of the relationship between the state and society.In housework trial reform of the relationship between state and society in the process of characterization for the relationship between the court and the grass-roots society,countries on the basis of enforcement mechanisms,the court is the representative of the judicial authority in the family plays a dominant role in the process of trial reform,social autonomy mechanism as the characteristic,it is an important participant in the reform of trial chores.Therefore,from the perspective of state and society,it is necessary to analyze and study the practice of family trial reform.In this paper,from the Angle of state and society,based on the Inner Mongolia autonomous region,fujian,guangdong housework the reform of trial practice analysis,analysis of the relationship between state and society in the three provinces in the whole presents three different model,through the analysis of the several patterns which can be found that the evolution of relation between nation and society there is a certain logic,based on the summed up the experience and deficiency of the family trial reform in our country,and to provide reference for the future of the family trial reform.Overview of the full text,mainly from five parts of the analysis:The first part analyzes the background of the family trial reform.First,it introduces the beginning and development of the family trial in China.The second part analyzes the introduction and legal interpretation of the pilot reform of family trial.First,it introduces the introduction,objectives and working mechanism of the pilot reform of family trial.Then,it sorts out the basic principles that the state and society follow in the theory and the reform of family trial.The third part,the fourth part mainly introduced the family of the reform of trial practice in our country,first of all,respectively,through to the Inner Mongolia autonomous region,fujian,guangdong housework the reform of trial practice analysis,investigation behind the reform mode of relation between nation and society and the various models,and then the housework trial reform in the country and social relations evolution logic analysis.In the fifth part,based on the experience and deficiency summarized from the practice of family trial reform in three provinces above,the author puts forward the problems that should be paid attention to in the future from the two aspects of cooperation and complementarity between the state and society.