| Compared with general civil and commercial cases,There are complex emotional factors in family cases,which makes the trial of family cases difficult to achieve the purpose of closing the case.It is difficult to solve the contradiction by pure legal judgment.The parties also have close contact with each other after the court decision.Therefore,simple legal judgment can no longer meet the needs of family cases trial.Get the deep contradiction behind the family dispute,can we improve the level of trial better,finally wind up the case.It has been more than a year since the Supreme Court began to reform its family trial methods and working mechanism,in which most court reform has introduced a family investigation system.This system plays an important role in court practice,especially in improving trial quality.Through in-depth contact with the parties to the case,to find out the crux of the contradiction,for a thorough solution of the case provides an important guarantee.At present,there are differences in the provisions of the various pilot courts on the family investigation system,and a relatively perfect family investigation system has not been formed yet.Therefore,the system is not clear in nature,and the procedural rules are inconsistent with the practice of chaos.In order to improve the level of the family trial and to standardize the application of the family investigation system,I wrote this paper.At the beginning,this paper expounds the necessity and feasibility of the establishment of family affairs investigation system,and distinguishes the household survey from other forms of investigation.After that,through the investigation report of the family investigation system of each court and the statistics on the relevant jurisprudence of the adjudicative documents network,the author summarizes some procedures and substantive problems for discussion and research.Then it mainly discusses and studies the nature and procedure of family investigation system in practice.At the same time,under the premise of our country’s basic national conditions,referring to the present situation of legislation and practice of foreign countries,the author puts forward some relevant opinions on the legislation of family investigation system.Firstly,the principles of the system are determined,including the principle of comprehensive investigation,objective neutrality,the principle of maximization of the interests of minors,the principle of confidentiality.Secondly,the author puts forward his own views on the application scope and basic program design of the family investigation system,and makes clear the nature of the family investigation report.Finally,to explore the special rules of family investigation,it includes the avoidance system of home affairs investigation,the return visit system,the training and reward mechanism and the responsibility mechanism of the household investigator.The main feature of this paper is to clarify the relief and auxiliary nature of the family investigation system and the evidence nature of the family investigation report,after understand the extraterritorial related systems.Secondly,according to the practice of each trial court in our country and the working rules of family investigator,the paper summarizes the problems in practice and the fuzzy points of theory.Finally,combined with the situation of our country,the author puts forward some concrete suggestions on the construction of family investigation system in our country. |
