Research On The Family Trial System In China

With the development of China’s economy and the change of social concepts,the number of family divorce cases has soared.In addition,family cases have their particularity and should be distinguished from ordinary civil cases.The application of ordinary civil procedures has been unable to meet the needs of current family cases.The trial of family cases guides the social morality and marriage outlook,and influences the social stability and harmony.Family cases should be tried by professional family adjudicators in special family adjudication institutions.However,there is no special family adjudication procedure in China at present,and ordinary civil procedure is still applied to family cases.With the increasing number of family cases in China and the gradual improvement of the research on family trial system in other countries(regions),China also started the prelude to the reform of family trial in 2016,and began to conduct trial work in the grass-roots level and some intermediate people’s courts.In 2018,the Supreme People’s Court of China issued Opinions on Further Deepening the Reform of Family Trial Methods and Working Mechanisms(Trial Implementation),which summarized the work of the reform in national trial in the past two years.From 2018 to now,whether it is theoretical or judicial reform,China’s family trial has shown a good development trend.Courts at all levels are actively exploring the family trial system with Chinese characte ristics suitable for our country.In the context of family trial reform in China,this paper mainly studies the family trial system in China.Combined with the experience of the family trial system in foreign countries and Taiwan,this paper analyzes and summarizes the achievements and problems during the pilot period of the family trial reform in China,and explores how to build a family trial system in line with the current judicial situation in China.This paper first studies the definition of relevant concepts of family justice system and the necessity of interlaced application of procedural jurisprudence in family cases to help readers have a basic understanding of family justice system.Secondly analyzes the outside countries and Taiwan’s housework trial system in China,these mature experience can provide ideas for the construction of the family trial system of our country,such as setting special family trial procedure and housework judicial organizations,cultivating specialized household judges and support personnel,pay attention to protect the best interests of minors,etc.,draw lessons from experience can make our family trial reform "little detours,much faster way".Then the lens is pushed to China’s family trial reform,the analysis of the achievements and problems in China’s family trial reform,the results obtained through judicial practice can be clarified through legislation,the difficulties in the reform need to promote the construction of China’s family trial system through the design of the superstructure.Finally,according to the judicial status quo of our country,combined with the experience of the reform of the family system of foreign countries and Taiwan,this paper puts forward some suggestions on the construction of the family trial system.