Reform of Modes and Working Mechanisms of Family Trials

Brief Description

Since June 2016, the Supreme People’s Court has selected some courts across the country to launch a pilot project concerning the reform of modes and working mechanisms of family trials. In 2017, the Supreme People’s Court took the lead in establishing a joint conference mechanism for “the reform of modes and working mechanisms of family trials”. The establishment of this system has increased women’s access to justice. Focusing on the goal of family trial reform, the court has actively explored the establishment of a multi-disciplinary mechanism for family disputes; established various forms of cooperation with local Political and Legal Affairs Commissions, Bureaus of Civil Affairs, Public Security Bureaus, Judiciaries, Women’s Federations, and Community Service Departments; and promoted a working pattern for family trials based on “party leadership, government responsibility, court as the centre , and social participation. The pilot courts have actively explored mechanisms such as psychological counselling intervention, family investigation, marriage cooling period, mediation before the charge, and post-case return visits; strived to effectively protect the legal rights and interests of the parties; and thoroughly resolve conflicts and disputes. The People’s Court of Yiling District, Yichang City, Hubei Province has set a cooling period for 60 cases, contributing to the withdrawal of 52 cases. The rate of withdrawal was as high as 86%. By the end of June 2018, there have been 188 intermediate and grassroots courts participating in the pilot project concerning family trial reform proposed by the Supreme People’s Court. More than 400 participated in the reform work established by various High Courts.