Research On The Investigation System Of Family Evidence From The Perspective Of The Reform Of Family Justice

Compared with general civil cases,the family cases are different because they have the characteristics of morality and law.With the development of social economy,there are many new types of family cases.It may be difficult to solve the current problems by applying the ordinary civil procedure.Since the supreme people’s court has decided to carry out the reform of family trial,dozens of pilot courts have the practical exploration from many aspects to make the family trial more professionalized.one of the highlights is the introduction of family investigator system.At present,the family affair investigation system,as an important reform content,is in the primary stage of the reform pilot.The content of the system is incomplete,so we will spare no efforts to make great progress in the reform of family trial.Hence,this paper analyzes the problems of family evidence investigation system from the aspects of legislation and judicature.It also puts forward some suggestions on improving the legal regulation of family evidence investigation system based on the experience at home and abroad.Finally,the author supposed to provide some suggestions on the construction of China’s special family evidence investigation system.There is three parts except for the “introduction” and “conclusion”:The first part analyzes the legal basis of the evidence investigation system of family affairs.The author will analyze the legal principle of the family evidence investigation system from the characteristics of the family investigation system,the difference between family trial,ordinary civil and the application of the investigation system.In addition,this part analyzes the necessity and possibility of implementing the family evidence investigation system.The second part analyzes the practical foundation and obstacles of the evidence investigation system of family evidence.The author analyzed the status quo of the family evidence investigation system through legislation,empirical investigation and analysis of cases in Chinese referee document net.There were many obstacles in the family evidence investigation system,such as unclear legal positioning of investigators,inconsistent investigation procedures,chaotic operation in judicial practice and the absence of relevant supervision.Then,the author will analyze the relevant reasons of the problems.The third part analyzes the experience inspection and improvement of the family evidence investigation system from the perspective of normative construction based on the existing theories at home and abroad.Then summarizes the practical experience of the evidence investigation system of family evidence.Finally,the author puts forward the conception of constructing the family evidence investigation system in the family procedural law of our country,and puts forward feasible suggestions from the legal system and judicial practice.