Research On The Specialization Of Family Justice Institutions

The professional institution of family trial is a relatively independent judicial organization,whose independence is manifested in the establishment of a separate family trial court or a court solely responsible for family cases.Many countries have established family courts or independent family trial courts that meet the needs of family trials based on the characteristics of family cases,but the establishment of independent family trial institutions in China is still under experimental exploration.In China’s current family affairs cases,the proportion of divorce cases is increasing,and the complexity and difficulty of handling them are increasing.If we continue to apply the original civil court to handle family cases,it will be difficult to achieve better judicial and social effects.Therefore,it is imperative to establish a professional family trial institution with a higher degree of specialization based on China’ s national conditions.This article takes the domestic trial system of our country as the starting point,and draws on the advanced systems of other countries to provide the author’s opinions and suggestions for building a professional domestic trial system in our country.The first chapter is an overview of the professionalization of family justice institutions,which is mainly a theoretical analysis of the professionalization of family justice institutions.Specifically,it includes the meaning,characteristics and types of specialization of family justice institutions;The nature and function of the professional institution of family trial;Analysis of the necessity of professionalization of family justice institutions.The second chapter is about the experience of the professionalization of foreign family justice institutions,mainly introducing the experience and achievements of Germany and Japan in the civil law system and the United States,Britain and Australia in the Anglo-American law system in the reform of the professionalization of family justice institutions,and making a comparative analysis to draw inspiration.The third chapter is about the current situation of the specialization of family justice institutions in China.It introduces the measures,achievements and shortcomings of the three pilot courts in China in the process of the specialization of family justice institutions.The fourth part puts forward the author’s suggestions,mainly including three aspects.The first is to set up professional family trial court or family trial collegiate bench according to local actual conditions.The second is to select the members of professional family justice institutions,including family judges,family mediators and family investigators.The third is to improve the supporting systems related to the professionalization of the family justice institutions,including the establishment of the family mediation pre-system,the application of the doctrine of closed trial and the doctrine of power discovery.