Practice And Exploration Of Family Trial Reform In Guizhou Province

Generally speaking,the cases of family disputes mainly include "the cases of personal relationship such as marriage,upbringing and support,and the cases of property such as inheritance and separation of property attached to their marriage and family relationship".With the profound changes and rapid development of society,the new types of family cases have diversified characteristics.At present,there are special statistical data showing that about one-third of the civil cases in China are family disputes,showing an increasing trend year by year.The society is composed of families,but family conflicts and disputes will not only lead to the destruction of the family,but also may lead to the death of people.Some judges are killed by the parties who are not satisfied with the trial results.In order to properly deal with family disputes,promote the trial work of family cases in a more professional direction,make the trial mode and working mechanism more perfect,present a new situation of multi-faceted settlement of family disputes,and make the legitimate rights and interests of vulnerable groups such as women,minors and the elderly more effectively protected.Based on but not limited to the above reasons,scholars have been calling for the topic of "carrying out family trial reform,changing trial mode,mechanism and concept,and improving the trial effect and quality of family dispute cases".In 2016,the Supreme People’s court launched the family trial reform pilot in China.During the reform,the trial courts carried out many practical and beneficial explorations on the working mechanism and concept of the trial,accumulated a lot of reform experience,and the effectiveness of the reform has been continuously demonstrated.As of July2018,more than 90% of the pilot courts have set up special judicial institutions.Since the pilot work of family trial reform carried out by provincial high courts,the courts atthe central and grass-roots levels of each province have actively participated in andvigorously practiced and explored various reform mechanisms,such as psychological counseling,family investigation,etc.,but at the same time,some reform measures have been hindered.Four Courts in Guizhou Province participated in the pilot were selected as the research objects in this paper,and they widely understood and studied the course and experience of the trial of family cases in Japan,the United States and other countries,collected and sorted out the data and materials of the trial reform of family cases in the pilot courts,and sorted out the achievements and difficulties encountered in the pilot reform,so as to further deepen the reform of family trial in China And its development quality and efficiency.This paper is divided into five chapters.The first part mainly introduces the background and significance of the research,research background,research objects and research methods.The author visited four pilot courts in Guizhou Province,which laid a good foundation for the particularity and universality of the data in this paper.The second part is to learn from each other’s strengths and make up for each other’s weaknesses,so as to further deepen the reform of family trial in China This paper expounds the process and experience of family trial reform in the United States,Japan and China.Through combing the process of family trial reform in the United States and Japan,observe and learn the practice and exploration of its pioneers in the field of family dispute trial reform.The second part introduces the basic situation of the family trial cases of each pilot court,through the statistical analysis of the trial situation of the family dispute cases of each court,to understand the current practice status of the family trial reform pilot in Guizhou Province.The third part of the pilot court’s family trial reform measures and effectiveness of effective combing,followed by the introduction of the four pilot courts in the family dispute trial reform of the work system and work mechanism,introduced its experience and practice.In the fourth part,through combing the process of family trial reform in recent years,the author sums up the practical difficulties and shortcomings in the practice of family trial reform.The fifth part puts forward countermeasures and suggestions to improve the family trial from two directions of deepening reform and system innovation.