家事诉讼程序立法问题研究

The Research of Housework Procedure Legislation

家事诉讼程序是用来审理和解决婚姻关系纠纷、收养关系纠纷等身份关系案件的诉讼程序。在我国,包括实体法和程序法在内的所有现行民事法律,都认为身份关系诉讼有其特殊性,并针对其特殊性做了一些规定,但其规定不但分散,还不科学,使得家事诉讼程序在理论上不统一,在司法实践中也难以操作。因此,我国应当制定专门的家事诉讼程序,对家事诉讼程序的立法模式、适用对象等作出具体规定。这样不仅能够完善我国的民事诉讼制度体系,而且能最大限度地保护当事人的合法权益。

Housework procedure is a kind of procedure which is used to hear and solve the disputes caused by identity relationship such as marriage relation, adoption relation. In the present civil legal norms of our country, both substantive law and procedural law accept the particularity of identity relationship lawsuit and make some regulation for these particularity. However, these regulations are scatted and not reasonable. All these weaknesses make civil lawsuit procedure difficult to form a system and operate in the judicial practice. Therefore, China should make spe- cial housework procedure and make some specific provision for legislative model, applicable objects and so on. As a result, housework procedure can not only perfect our litigation system, but also protect the lawful rights and interests of the parties at the highest level.