Research On The Perfection Of Family Trial System In China

As the ancients said,"cultivate one’s morality,unite one’s family,govern the country,and level the world",only when one’s family is stable can one’s country be consolidated.At present,China’s family conflicts are prominent,the divorce rate is rising,and family cases are increasing and becoming more and more complex,which leads to a series of social problems and has a serious impact on social harmony and stability.Therefore,the Supreme People’s Court decided to start the pilot work of family trial reform in some courts in 2016.According to the requirements and local conditions,the pilot courts explored the professionalization of judicial institutions and personnel,mediation pre-system,divorce cooling-off period system and post-case return visit system,which achieved certain results and exposed some problems.For example,the innovation conflicts with the existing laws and regulations,the coordination linkage mechanism is not running smoothly,the protection of minors’ rights and interests is not enough,the traditional examination method restricts the innovation of family trial,and the judicial practice varies from place to place.On the basis of summarizing the experiences and shortcomings in the process of family trial reform in China,this paper introduces the experiences and practices of family trial reform in Germany,Japan,the United States and other countries and regions,and puts forward some suggestions on the improvement of family trial system in China on the basis of China’s local conditions and foreign experience.This paper is divided into four parts.The first part introduces the concept of family trial and family case and the scope of family case,and points out that family case has the characteristics of personal property,ethics and morality,self-interest,public welfare,particularity and complexity.The second part introduces the background of China’s family trial reform and the experience and practice of local courts in the reform practice,and analyzes the problems and difficulties faced by the reform.The third part selects Germany,Japan,Britain and the United States,which are relatively representative in family trials,and introduces their experiences and practices in family trials.For example,Germany pays attention to solving family disputes by means of non-litigation,Japan has established a system of prosecutors participating in family litigation,Britain has implemented professional management of family trials,and the United States has established the principle of maximizing the protection of minors’ rights and interests.The fourth part puts forward some suggestions on the perfection of the family trial system in China from the following aspects: formulating an independent family trial law,perfecting the family trial institutions and personnel,establishing the operational principles of family trial,establishing a diversified family dispute resolution mechanism linking litigation and non-litigation,perfecting the special system of family trial in China,and establishing a scientific family trial management system.