| China has had the traditional family concept of “harmony brings wealth" since ancient times.General Secretary Xi Jinping also stressed that "the family is the basic cell of society",family harmony is the foundation of social stability.In recent years,family conflicts have become increasingly prominent due to the rapid economic development and changes in family attitudes.Although the government has promulgated and implemented policies such as "divorce cooling period" and "the universal two-child policy",the effect is not satisfactory.The birth rate of newborns in China is decreasing year by year and the divorce rate is rising.In 2022,the divorce rate in China even reached 43.53%,the number of family cases has increased sharply,and the types of cases tend to be diversified,which put forward new requirements for China’s current family trial reform.The traditional civil trial system can no longer meet the judicial needs of today’s society,and China’s family trial reform has emerged.For this reason the Supreme People’s Court decided in 2016 to make changes to the way our country conducts civil trials,and selected 118 courts nationwide to work as pilot courts.In 2018,the Supreme People’s Court also issued The Supreme People’s Court on Further Deepening the Work Mode and Mechanism of Family Trial(Trial),which also expressed the long-term goal of deepening the reform of family trial.The pilot courts have made continuous exploration in building our trial system in accordance with the requirements and local realities.For example,the Changning District Court has set up a comprehensive trial court for minors and family cases,and the Yangquan Court has adopted a "five-color early warning mechanism" for family cases,all of which provide reference for solving family cases in China.But at the same time,some problems have been exposed,which need to be paid attention to.This paper uses literature research method,case study method,comparative analysis method and other research methods,based on the current practical work of each pilot court in China,and finds that in the process of our national civil trial reform,there is no independent family trial procedure in China,the relevant family trial process is scattered in the Civil Procedure Law of the People’s Republic of China and its judicial interpretation,the lack of specialization of family trial personnel,the lack of professional judicial institutions,it is difficult for the subject of proof to provide evidence,the very clear "adult-oriented" characteristics in the family trial process,and the rights of minors are easily overlooked.On the basis of summarizing the experience accumulated and the problems existing in the process of our family civil trial reform,this paper analyzes and studies the construction of the family trial system in extraterritorial Japan,Germany,the United Kingdom,the United States,and Chinese Taiwan in China,and finds that they all have a complete family trial system,adopts a diversified way to solve family disputes,and adheres to the maximization of the interests of minors.Finally,on the basis of learning from extraterritorial experience,based on China’s mainland,starting from the practice of China’s family trial reform,we put forward suggestions such as building an independent family trial procedure,improving professional family trial institutions and personnel,improving the diversified family dispute mediation mechanism,improving the evidence system in family cases,and insisting on protecting the rights and interests of minor. |
