The Direction And Choice Of Family Case Trial Reform In China

In 2016,the Opinions of the Supreme People’s Court on Pilot Work on Reforming the Method and Mechanism of Family Case(hereinafter referred to as Family Case Reform Pilot Opinion)put it: “The goal of strengthening the construction of family case team and the hardware facility,exploring the mechanism of family case proceeding and promoting communication and cooperation between courts both at home and abroad as well as exploring the professional development of family case.” Nowadays,family case reform pilot has conducted for more than one year.On the basis of relevant regulations and the research achievements from both home and abroad,the author analyses the direction and condition of the family case pilot reform in China from the perspectives of case typization,trial organization,trial team and trial procedure and further comes up with the direction of family case reform.This paper is mainly divided into five parts: the first part is an introduction on the theoretical and practical value of the research,the research achievement and development of family case at home and abroad as well as four practical problems and research direction of family case reform.The second part is “the typization of family case in China”.It puts forward the reform measures of our typization of family case on the value of family case as well as on the research achievement from abroad.The third part is “the specialization of family case trial institution”.This part combines two kinds of pilot models and the opinions of exploring comprehensive coordinating mechanism to analyse the practice of family case pilot on trial and auxiliary institution setting,analyse the problems of the unity of the family case court settings and the utilization rate of auxiliary institutions.It also combines the professional experience from abroad to come up with the best choice for our family case institution setting.The forth part is the “professionalization of family case staff”.It comes up with the direction of our family case reform on the lacking in family case staff professionalization and the experience from abroad.The fifth part is the “diversification of family case trial procedures”.It raises the reform goal of exploring family case proceedings mechanism.On the basis of the theory of family case trial procedure as well as the practical research from both home and abroad,it comes up with the specific family case trial procedures to explore the programmed construction of social mediation trial methods.This paper conducts theoretical and practical discussion on the choice of the realization of the typization of family case in China,the specialization of family case trial institution,the professionalization of family case staff as well as the diversification of family case trial procedures,hoping to provide some suggestions on promoting family case trial procedures and the coming of relevant laws.