On The Establishment Of Investigator System In Our Country’s Lawsuit

Family cases differ from ordinary civil cases in that the facts of the case are personal,covert,and emotional.In the common civil case of "defense confrontation" and "who advocates who can certify",when dealing with family cases,it is difficult to find out the objective facts of family cases.This has become one of the most crucial problems in resolving family disputes.Finding out the facts of a family case is a prerequisite for resolving family disputes.The urgent need in theory and the numerous problems in judicial practice have accelerated the pace of trial reforms in family cases.The reform of the family trial procedure includes an important system,the family ombudsman system.However,in the pilot process and judicial practice,the provisions of the family investigator system are more confusing.Therefore,in order to improve the family trial procedure,the family disputes can be properly resolved,and the concept of constructing a family litigation investigator system is proposed.This article is divided into three parts: the introduction,the main text and the conclusion.The main text is divided into four chapters,which are described as follows:The first chapter introduces the characteristics of the facts of our country’s case and the necessity of the establishment of our national lawsuit investigator system.This chapter mainly describes some of the basic conditions of our country’s case,to bring out the facts of family life,covert and emotional characteristics of the family case,so as to analyze and clarify the significance of the facts of the family case.Through the above analysis,it is concluded that the establishment of the family litigation investigator system is a need to crack down on the facts of the family disputes.It is the need to achieve equality of litigation status of the parties,and the need to resolve the recovery of the family disputes.The second chapter introduces the extraterritorial examination of the family litigation investigator system.Through the introduction of family litigation investigators and related systems that have already been established in some countriesor regions outside the region,Japan,Germany,the United States,and China’s Taiwan region are mainly introduced.Through the comparison and analysis of these countries and regional systems,these institutional contents are analyzed.For our country’s reference significance.The third chapter introduces the attempt of our national lawsuit investigator system.The situation of our national lawsuit investigators system in the pilot was introduced.It mainly analyzed the typical courts of Shenzhen Baoan District Court,Haishu District Court of Ningbo City,and Jiangnan District Court of Nanning City.In the pilot process,some achievements have been made,and the interests of vulnerable family members have been better protected.The rate of reconciliation and mediation has increased dramatically,the pressure on judges has eased,and the efficiency of case handling has increased.However,there are many shortcomings and deficiencies.The main ones are the following: The selection criteria for family investigators are not uniform,the investigators’ rights and obligations are not clearly defined,the scope of the investigation has no uniform standard,the investigation procedure lacks uniform regulations,and the effectiveness of the investigation report There is no guarantee and there is no corresponding relief procedure.The fourth chapter introduces the concept of establishing a system of national lawsuit investigators.The principle of lawful investigation of the family litigation investigator system was clarified,the principle of confidentiality of content was investigated,and the principle of protection of the rights and interests of vulnerable groups was established.And in terms of the content of the family litigation investigator system,the investigator’s selection criteria,the nature and role of the investigator,the survey scope of the investigator,the rights and obligations and responsibilities,the investigation procedures,and the legal validity of the investigation results and the parties’ remedies Give a detailed rule.