Research On The Family Disputes Investigator System

With the fast evolution of The Times and the exasperation of social transformation,in order to cope with the complicated family disputes,better cope with the fair settlement of family disputes,maintain the stability and prosperity of the large social family,and carry out the deepening reform of China’s judicial system,the Supreme People’s Court in 2016,in an effort to standardize family justice in different regions,It had issued the Opinions on Finding Out the Pilot Reform of the Family Trial Mode and Working Mechanism(here and in after referred to as the 2016 Opinions on Trial),and in the same year,it announced that 118middle-level and grass-roots people’s courts,including Fangshan District Court in Beijing and Qinhuangdao Middle Court in Hebei,were selected to carry out the pilot reform of family trial.After two years of reform accumulation and occurrence,the Chinese highest Court,published Judgment on strengthening the Transform of Family Justice Manners and Operating Organ(Trial)(here and in after referred to as the 2018 Judgment Opinions)to summarize and sort out the experience and problems obtained in the process of reform.A special chapter is used to describe the "family investigator system" proposed in the 2016 Judgment Opinions,which shows how much the Supreme Court attaches importance to it.However,the development of the family investigator system in China is still lacking,and many problems appear in the reform.This thesis mainly starts from the problems in applying the family investigator system around the world,and compares the mature experience of Chinese Taiwan region and other countries,so as to put forward the path suggestions suitable for our national conditions of family investigator system.Besides the introduction and conclusion,this thesis includes four parts.Firstly,the basic theory of the family investigator system is set out.Starting from the connotation,feature,function and value of the family investigator system,this thesis analyzes the ideational basis of the family investigator system.The feasibility of the family investigator system is judged by comparing and analyzing the family investigator system with other participants in family affairs from many angles.Secondly,it draws on the experience and features of family cases in China,and makes use of the judicial principles of family cases as the starting point to demonstrate the inevitability of introducing family investigator system in the reform of family judicial cases.By studying the courts in some regions,he found out inadequacies of the system of family investigator in our country.The lack of legislative system,improper application of family investigator system during adjudication,unclear cognition of the attributes of family investigator report and lack of application of judicial procedure are discussed and analyzed,and the problems and deficiencies in family investigator system are discussed.Thirdly,it reference and summarize our country Taiwan area and outside countries has grown up in the family investigator system model,combining with our country the defects existing in the reform of household and gain enlightenment,on the basis of suitable for China’s national conditions,the system of Taiwan area of our country and countries outside the housework investigators in reasonable and appropriate place to have a choice.Finally,on the basis of the prevalent condition of our Chinese lawmaking and judicial practice,puts forward a suitable path and choice for the development of Chinese Taiwan region and other countries,with the aim of perfecting the internal family investigator institution and further promoting the step of family trial reform.