| Family disputes are highly ethical and emotional.Affected by the traditional concept of "family ugliness can’t be spread",most parties are unwilling to initiate family lawsuits.At the same time,marriage and family are closed,and outsiders generally know very little,and the parties generally do not have the idea of collecting evidence in advance based on emotional trust.Therefore,it is often difficult for the parties to provide evidence.During the family investigation process,the case fact investigation difficulty increases accordingly.In August 2018,the Supreme People’s Court promulgated the "Opinions on Further Deepening the Reform of Family Trial Methods and Working Mechanisms(Trial)",which specifies the generation and responsibilities of family investigators.Through the review of the family judgment and ruling of China Judgment Document Network in the past ten years,it has been found that our country ’s domestic dispute cases are increasing at a rate of ten times or even a hundred times,and it shows that the types of cases are novel and the difficulty of trial is increased Features.At present,the pilot courts are exploring the system of family investigators in full swing,such as hiring specialized people to participate in the investigation of family cases.It is undeniable that entrusting family investigators to investigate relevant facts and evidence of the case has obvious effects of diverting the pressure of the judge,alleviating the contradictions,accelerating the speed of closing the case,and increasing the mediation rate.However,due to the lack and lack of legislation,there are still many problems in practice.Specifically,the family investigators of the pilot courts have many disadvantages such as ambiguous role positioning,unclear functional scope,inconsistent investigation procedure design,unclear legal effect of family investigation reports,and unsound supporting mechanisms.The reason is that courts and judges are indifferent to reform.Some judges believe that most family cases are trivial and do not pay enough attention to the characteristics of family cases.In other words,the lag of legislation and the shackles of capital guarantees have prevented the relevant supporting mechanisms from being followed up in time,which is not conducive to the in-depth development of our national investigator system.In contrast to the typical countries and regions outside the region,the construction of the family investigator system has been relatively complete.For example,Japan ’s “Personnel Litigation Law”,the “Taiwan Family Incident Law” in China ’s Taiwan region,and “Household Incident Trial Rules” all have specific regulations on the generation,selection,scope of investigation,duties,and avoidance of family investigators.In view of this,we can learn from the successful experience of the family investigator system in Taiwan or Japan and combine the existing practice foundation of our country to build a family investigator system in line with Chinese characteristics. |
