Research On The Specialization Of Family Trial Institutions In China

Family cases are cases arising from legal disputes over identity or property caused by family relations,and are a kind of complex civil dispute cases with special nature.With the development of society,the number of family cases is increasing,and the types are becoming more and more complicated,and the difficulty of trial is also increasing,and the contradictions and problems caused by this are becoming more and more obvious,and the existing trial institutions are unable to meet the needs of family trials,and the specialization of family trial institutions has become urgent.However,China has not yet established a specialized institution for family trials,and there is no professional family trial team,which will directly affect the quality and effectiveness of our national family trials,and is detrimental to maintaining the harmony of marriage and family and promoting the development of society.Therefore,in May 2016,the Supreme People’s Court launched a pilot reform of the family trial style and working mechanism in 118 middle and grassroots courts across China,which lasted for two years,and conducted an in-depth discussion on the system of specialization of family trial institutions.At present,the pilot courts in China have made preliminary discussions on the problems in the reform of specialization of family trials,and although there have been some achievements,they have also caused a lot of debates and non-controversies.The specialization of family trials is the development direction of our national civil justice system,and the specialization of family trial institutions is the basic content of the specialization of family trials.It is important to study the specialization of our national civil trial institutions to reform the specialization of our national civil trial.Using various methods such as literature research and comparative research,this thesis introduces the definition and characteristics of family cases and analyzes the functions and values of specialized institutions for family trials,thus introducing the importance of constructing specialized institutions for family trials,starting with a basic overview of specialized institutions for family trials.The feasibility of establishing a specialized family trial institution is then demonstrated from four aspects: legal basis,theoretical basis,practical basis and financial pressure,fully explaining that China has the relevant conditions for establishing a specialized family trial institution.Through the analysis of China’s judicial practice at the present stage,the results achieved and the problems existing in the reform of specialized family trial institutions in China are outlined.Through the comparison of the specialization of family trial institutions in foreign countries,we learn from the advanced systems,practices and experiences,and on the basis of China’s national conditions,we hope to provide necessary reference and reference for the construction of the system related to the specialization of family trial institutions in China.Finally,in view of the problems and shortcomings,we put forward corresponding suggestions on the construction of the system related to the specialization of our national civil trial institutions from three aspects: model selection,case jurisdiction and team formation.This thesis argues that the establishment of family courts is the best choice in the process of specialization of our national trial institutions.The establishment of family courts is conducive to solving the current problems of family disputes prevalent in society and helps to promote the standardization and proceduralization of the trial activities of the people’s courts.The construction of an independent family court requires more adequate conditions and a certain specialization in family trials.Prior to the family trial reform,there were few family courts in our country,only some courts explored them,and a large number of family courts were piloted in the family trial reform;these practices were groundbreaking and should be continued.The establishment of family courts is not the ultimate goal of the specialization of family trial institutions,when the conditions and experience are sufficient,the independent establishment of family courts,is the direction of development of the specialization of family trial institutions.