Research On The Japanese Family Ombudsman System

Family cases have the characteristics of emotional complexity,privacy in content and human relations in handling.Therefore,most countries and regions of the two legal systems design the family investigation system according to the particularity of family events.Due to the particularity of family cases,the court's litigation procedures and mechanism in dealing with family cases are special.The proper handling of family cases requires the comprehensive use of multi-disciplinary knowledge such as law,psychology and sociology,and the cooperation and assistance of relevant professionals such as psychology and sociology.The research on family trial in Japanese courts is relatively perfect and mature compared with that in China,and the system of family investigators has been relatively perfect in terms of legislative setting.This paper holds that some basic principles,concepts and relevant system design of Japanese family investigators system can be absorbed and used for reference on the premise of exploring and practicing relevant systems in Chinese courts.In recent years,in the process of the reform of family trial mode and working mechanism in our country,some courts have also begun to explore the practice of family investigator system.In the process of China's family judicial reform,Japan has a relatively mature family investigator system,what experience is worth learning,whether it is necessary for China to establish the family investigator system in legislation,how to build a family investigator system in line with China's national conditions and other theoretical and practical issues are worthy of in-depth study.This paper is divided into four partsIn the first part,the basic problems of the Japanese family investigator system are discussed.This part mainly expounds four parts: firstly,it defines the concept and characteristics of the Japanese family investigator system;secondly,it introduces the evolution of the system;secondly,it analyzes the relevant legal basis,and discusses the concept from the perspective of authority exploration,the protection of minors' rights and interests,and the concept of law order public welfare;thirdly,it concretely analyzes the basic content of the Japanese family investigator system It mainly includes the scope of application of the system,the duties of family investigators and the status of Japanese family investigators in the Japanese judicial system.In the second part,through the specific demonstration and investigation of the implementation of the system of family investigators in Japan,and through the system evaluation and analysis,it points out that the system of family investigators plays a positive role in improving the efficiency of solving family cases,properly and successfully solving family disputes and protecting the rights and interests of minors.The third part sorts out and analyzes the practical exploration of the family investigator system under the background of the current family trial reform in China.Based on the Enlightenment of the family investigator system in Japan and the current exploration experience in China,it puts forward the legislative conception of the family investigator system.First of all,we should define the scope of application of family investigators and clarify the role of family investigators.Then we can design the system of family investigators,including the selection and management of personnel,the scope of functions and responsibilities.It is necessary for China to establish the system of family investigators in law,which is the need of promoting the specialization of family justice,maximizing the interests of minor children and properly handling family cases.This paper attempts to further deepen the understanding of the system of family investigators by introducing the system of family investigators in Japan and expounding the relevant theories and specific practice,and to find theoretical and practical support for the relevant family legislation in China.