Research On The Court Investigation System Of Family Evidence

With the rapid development of economy and society,the traditional concept of marriage and family has changed,the number of family cases is increasing,and the cases are becoming more and more complicated.The scope of family property is also gradually expanding,including not only the traditional sense of tangible assets,such as money,real estate,land,debt,but also intangible assets,such as stocks,corporate equity,bonds and so on.In practice,the evidence of family case has the characteristics of concealment and difficult collection,and the litigation capacity of one party in many family cases is weak,and there is no clear idea of how to collect evidence to safeguard their legitimate rights and interests.If you still continue to use the rules of property trial to hear family cases,just rely on the evidence provided by the parties,and do not find out the real problems hidden in family disputes,it is difficult for a judge to make an accurate judgment on the basis of a complete understanding of the whole picture of the case,which is easy to cause undesirable social effects,and hence seriously affect social harmony and stability.Relying on the parties to the evidence collection methods in ordinary civil cases can not adapt to the complex and special family cases,so in the trial of family cases applying the authority principle to collect evidence,so as to make accurate judgments to safeguard the interests of the disadvantaged groups,and be conducive to maintaining social stability.At present,there is no separate family litigation procedure in our country,nor a system of evidence of specialized family cases.This thesis adopts comparative and empirical methods and focuses on the court investigation system of family evidence.Based on the necessity and feasibility analysis of the court investigation system of family evidence,along with the experience of other countries and regions,the author conducts in-depth analysis from four aspects including the legal system,economic cost,social resources,operational skills on some specific problems encountered in our country in the process of reform,and puts forward some suggestions on how to improve our court investigation system of family evidence in the hope of making contribution to the construction of our country’s family proceedings system.This thesis includes three parts:introduction,body and conclusion.The main body is divided into five chapters.The first chapter is a summary of the court investigation system of family evidence.In this part,the author briefly introduces the concept,characteristics and significance of the court investigation system of family evidence,and then analyzes its feasibility and necessity.The second chapter summarizes the overseas family evidence investigation systems.The author mainly chooses to study Germany and Japan in the continental law system as well as The United Kingdom and the United States in the Anglo American law system,for these countries are generally considered having a mature evidence system.For example,Germany has a separate family procedure,and the court can carry out a series of litigation activities in the family cases;Japan’s family investigation officer system provides great support for the Japanese family court when dealing with family cases and juvenile cases;In Britain,the justice system works with the social support system;In American,cases are categorized in the family court,and can be handled in an informal case-by-case method.The systems of these countries and regions can provide some references for the construction of the family evidence investigation system in our country.The third chapter discusses the present situation of the court investigation system of family evidence in our country.This part elaborates author’s views from two aspects,namely the legislative status and the empirical study.Since the current trial reform is still at its initial stage,there haven’t been specific legal provisions for family evidence investigation system in our country,which,for the time being,works on the basis of the civil procedure law and its judicial interpretations.After the discussion on the present situation of legislation,the author puts emphasis on the empirical study on the court investigation system of family evidence.In this part,the author discusses from two aspects the current judicial practices of the evidence investigation system in pilot courts as well as the results achieved-one is the principles the courts apply to,and the other is the auxiliary system newly introduced.The fourth chapter states the plight of the family evidence investigation system.Since the family litigation procedure has just begun its initial phase,the trial courts have encountered various difficulties and problems in practice.The author analyzes the plight of the court investigation system of family evidence from the following four aspects:1)imperfect legal and supporting systems;2)insufficient fund of the investigation;3)insufficient support and cooperation from social groups;4)imperfect operational technique.The fifth chapter puts forward the suggestions for the improvement of the court investigation system of family evidence in our country.Based on the empirical analysis,the author presents some suggestions on the court investigation system of family evidence:improve the relevant laws and regulations and supporting system,increase funding for the investigation of evidence in the court case,strengthen the long-term cooperation mechanism with various departments and relevant units,and improve the details of the operating procedures of the court investigation in the family cases.