Research On Specialization Of Family Trial

In recent years,China’s family trial reform work is actively exploring.For the family trial specialized institutions that solve substantive and fundamental problems,on the premise that their establishment is legal and legitimate,it is necessary to find a balance point,that is,family trial specialized procedures.The particularity of family disputes is the theoretical basis for the special procedures of family trials,and it is also one of the main reasons for promoting the reform of family justice.The particularity of family disputes mainly includes the following:clear ethics,both public and private interests,complex legal relations,and power expectations.Judgment on the degree of trial specialization can be carried out from multiple perspectives,mainly including three aspects:individual judges,judicial organizations,and application to special procedures.Starting from the practice of family trial specialization in our country,to prove the necessity of specialization,and at the same time,the main problems existing in family trial are raised:first,the current trial model does not match the nature of family cases;second,there is a lack of types of family cases third,the establishment of professional judicial institutions is not perfect;fourth,there is no special legislation on family trial procedures in my country;fifth,there is a lack of specialized judicial personnel.Follow the legal principles and principles of family trial specialization,and put forward a perfect plan for the reform.The key to institutional means is not only a solid policy foundation,but also a solid rule foundation.For the rule basis that the specialized family trial agencies rely on,they cannot just be satisfied with applying the existing general procedures,otherwise they will face the same dilemma as the economic courts,which will be fleeting and become an experiment in the reform of trial procedures.On the premise that the establishment of a specialized family trial agency is legal and legitimate,it is necessary to find a balance point,that is,a special family trial procedure,and different procedural jurisprudence applies to cases of different nature.Therefore,based on the principle of litigation procedures,supplemented by legal responsiveness,the special procedures of family trials are used to achieve a balance between repressive law and autonomous law to meet the challenges raised by today’s society.The professional construction of family trials takes the judicial institutions as the construction platform,and establishes the goals,standards,models and establishment procedures for the establishment of specialized judicial institutions.Based on the proportionality of trial procedures,improve the classification of family cases,so as to improve the special legislation of family litigation procedures.On the basis of improving the institutionalized platform for professional trials,the systematic construction of professional judicial personnel plays an irreplaceable role in resolving family disputes.resolve disputes.