离婚前父母教育计划:美国离婚法的经验与借鉴

Parent Education Program for Divorced Parent and Children——Experience of and Reference to American Divorce law

离婚父母之间的冲突、敌意和对抗,使孩子经历紧张、痛苦和产生不安全感,也使父母自己身心疲惫以至于降低了处理子女事务的效率。美国在离婚法上推行离婚教育计划,为陷入离婚冲突的当事人及被卷入父母冲突中的子女提供情绪疏导和缓冲机制,使父母了解离婚、离婚的冲突对子女的影响,为离婚当事人提供平和地与前配偶交流的技巧培训,使父母从关注其相互之间的矛盾转向关注对子女养育的共同合作。我国离婚法中目前还没有类似性质的制度安排,但社会生活的现实向我们揭示了借鉴上述域外法经验的必要性,且部分地方法院已然开展的婚姻课堂或离婚学校已彰显了建构离婚教育计划的可行性。

The conflict and antagonism from divorced parents makes the children nervous and unsafe, and the parents exhausted and ineffective to deal with the parental arrangement. To make the parents aware of the negative influence on their children from their con- flict and make them lower the exposure of their children to their conflict, it is necessary to build emotional adjustment mechanism and provide some training for the conflicting parents, which is one of the focuses of divorce law. Parent education program for the divorced parents and children in American Divorce Law is just based on the above - mentioned considerations, which is set before the action filed for divorce, custody, support or visitation. And currently there is not similar system in the marriage law of China, but the social reality reveals to us the necessity of drawing lessons from the experience of foreign law, and some marriage or divorce school classrooms carried out in local courts reflect the construction feasibility of divorce education program.