A Study Of Family Court Staffing Issues

Family disputes compared with ordinary civil cases,ethical,and other significant characteristics of sociality,complexity and the particularity of around the family disputes,our country in 2016 conducted a two-year chores,pilot trial reform pilot court many chores in the process of judicial reform,to carry out the family court personnel team construction,Explore the arrangement of family judges,family mediators,family investigators and psychological counselors for family courts.So to accelerate the process of specialization of family trial reform in our country,plays an important role in promoting,but the family trial of our country is still at the exploration stage of development,family court staffing many aspects need further perfect,therefore,to our country family judges configuration study no matter in theory or in practice,has very important significance.This paper focuses on the current staffing situation of family courts in China,explores the existing problems in practice,and puts forward specific suggestions for improvement based on the advanced experience of countries(regions)outside the region.At present,many courts in China are exploring the establishment of family courts,which not only conforms to the provisions of the Organic Law of the People's Courts of China,but also proves that the establishment of family courts is more conducive to the settlement of family disputes and provides the basis for the staffing of family courts.There are some problems in the staffing process of family courts in China,such as the confusion of roles between family judges and family mediators,the imperfect evaluation and reward mechanism,and the insufficient salary guarantee.The development of family justice in Japan and Taiwan is relatively mature,there are not only separate legislation,but also the establishment of family investigator system,which provides a lot of useful experience for the reform of family justice in China.On the basis of absorbing the advanced experience of Japan and Taiwan and combining with the reality of China,China should increase the staffing of family courts in the Organic Law of the People's Courts and the special procedure of family litigation in the Civil Procedure Law,so as to provide a legal basis for the staffing of family courts in China.At the same time,we must make clear the selection criteria of family court personnel,make systematic training mechanism to establish specialized household trial team,by the judge sentenced to separation to clarify the housework and family mediator role positioning,by setting up the evaluation system and the "harmony" as the standard to carry out the compensation guarantee to improve the family court personnel a job security.