家事诉讼制度基本范畴研究

Research on the Basic Category of Family Procedure

家事诉讼是包括人事诉讼程序在内的,隶属于家事裁判制度的一种构建于家庭成员身份关系基础之上的诉讼程序。家事案件所具有的公益性及当事人之间的家庭亲情等特性,决定了家事诉讼目的不只是为了家事诉讼活动的顺利进行,而是希望通过单独的家事诉讼程序来达到妥善解决家庭纠纷、确保家庭和睦的目标;决定了国家检察机关也应参与家事诉讼程序;决定了家事诉讼应采用职权主义诉讼模式,对此诉讼模式的采用不仅可以在更大程度上利于法官能够较为适宜地控制家事诉讼的进程,且更能确保家事诉讼对实体公正价值的需求。

The family procedure subjects to the family judgment system, which is an opposed legal procedure, including the personnel proceedings. It is built on the basis of family status relations. The object to the family procedure is the family case, which has the commonweal characteristics and the parties＇ family sentiments and so on. That these characteristics decide the purpose of the family procedure is not for the smoothly carrying of the family procedure activities, but to wish to properly solve the family disputes and by the only procedure of family procedure in order to achieve the goal of the harmonious family. These characteristics to the family cases make us sure the national prosecution organ to be allowed to participate in the family procedure and makes us sure to use the ex officio litigation system in the family procedure. Adopting the ex officio litigation system is in favor of aptly controlling the family procedure, and of achieving substantial justice which is demanded in the family procedure.