Research On The System Of Family Investigators In Matrimonial Litigation

The family is the cell of society,and its harmony is directly related to the harmony and stability of the whole society.In recent years,the proportion of matrimonial litigation in civil cases remains high.The family investigators can not only make up for the lack of the judge’s knowledge reserve,but also help the judge better understand the facts of the case through the investigation data acquired in the communication with the person concerned.It plays an important role in optimizing the trial effect of matrimonial litigation、saving judicial resources and maintaining social harmony.First of all,this paper clarifies the concept of matrimonial litigation and its important position in family litigation,clarifies the concept of family investigator and distinguish them from procedural assistants and family ombudsman,and briefly summarize the contents of the family investigator system;Then this paper analyzes and introduces a pairwise comparison,which is made between the system of family ombudsman in Japan and Taiwan and the system of procedural assistants in Germany,find and summarize the following points that can be used for reference:First,all the three are legal assistant;Second,the content of the survey has certain similarity;Third,they must form the written investigation report at the end of survey.Next,it expounds the necessity and feasibility of establishing the system of family investigators under the current judicial environment in China.Last but not the least,the core part of this paper puts forward the specific ideas of constructing the system of family investigators in China,including:first,the status of its legal auxiliary personnel should be clarified;second,the selection of family investigators should be clearly;third,the training and assessment mechanism should be constructed;forth,specific rules for family investigation should be established and refined.