从理念转变到多元协作——略论美国家事纠纷解决机制新发展

From Rethink to Collaboration——On the recent advance of the family dispute resolution mechanism in USA

在过去的二十年间,美国家事纠纷解决机制经历了理念与制度上的转变,主要体现在对对抗制诉讼程序的反思、对家事纠纷自身属性的深刻理解和对家事纠纷解决机制目的的重新认识三个方面,并在此基础之上产生出一系列新的制度和程序,从而体现出法院与其他社会组织协同合作,共同解决家事纠纷的新趋势。而这种转变也为我国家事纠纷解决机制的完善提供了新的思路。

The family dispute resolution mechanism in USA had been changed both in concept and mechanism during the recent 20 years.The changes include three components.The first component is a profound skepticism about the value of traditional adversary procedures.The second component is the deep understanding of family dispute itself.The third component is the rethink of the purpose of family dispute resolution mechanism.And there were many new procedures and mechanism in USA.The court and other organizations had worked together to resolute family dispute.Those changes would be helpful for us to reform our mechanism.