家族司法审判与国家司法审判的关联性分析

On the Analysis of the Relevance between Family Judicial Judgment and the Judicial Judgment of the State

家族司法审判与国家司法审判的关联性表现为:一是审判依据所遵循规律的一致性,二是审判案件所追求社会效果的共通性。其中,一致性是指各自司法审判对法律依据作出选择后,最终证实案件事实的可靠性和确定性一致;共通性是指国家司法审判追求的维护社会秩序的目标,与家族司法审判追求的家族协调发展的目的具有共通性。这种关联性的主要表现是把各自的诉讼依据作为分析要点,将界定家族司法审判与国家司法审判关联性的涵义作为探索关联性表现的先决条件,从而开辟司法制度研究的新领域。

The relevance between family judicial judgment and the judicial judgment of the state manifested in two aspects. Firstly,the grasp of the consistency of the rules by which a judicial judgment is conducted. Secondly,the intercommunity of the social effects pursued in trying cases. The consistency refers to the reliability and certainty of the final verification of cases after the two judicial judgment modes,which has chosen their respective legal basis. And the intercommunity means the commonality between the objective of maintaining social order the judicial judgment of the country pursues and the goal of harmonious development the judicial judgment of the family aims at. The manifestation of this relevance mainly lies in the fact that each mode of judicial judgment,which takes its own lawsuit basis as the key point. And it takes the definition of the connotation of the relevance between the family judicature and the judicial judgment of the country as the precondition to explore the manifestation of the relevance,which ultimately realizes the vital importance of this research in opening up a new domain for the study on judicial system.