困境与路径:家事审判改革初探

Dilemma and Path:on family trial reform

当前,我国家事案件数量基数庞大且持续增长,类型更加复杂多样,由家事案件衍生出的恶性事件频发,给社会造成了众多不利影响。我国对家事案件的审理适用普通民事诉讼程序,但随着家事纠纷案件的发展,该程序已无法适应新的家事审判理念。为此,我国部分法院已开展家事审判改革的试点工作并取得了良好的效果。但我国在开展家事审判试点工作过程中仍面临着不少困境,主要有缺乏专门性的家事审判程序、还未建立系统的家事审判调解制度、家事审判团队专业化建设欠缺、多元化纠纷解决机制尚不完善等。鉴于此,我国有必要构建独立的家事审判程序,创设系统的家事审判调解制度,同时还应加强家事审判团队专业化建设以克服专业化建设制度规范的缺位问题,进一步健全多元化纠纷解决联动机制,建设新型的离婚案件审理机制。

As the number of family cases in China is currently considerable and continues to grow,with diversifying complex types,the frequent occurrence of vicious incidents derived from that has caused numerous adverse effects on the society.The trial procedure of family cases use the general civil procedure.However,that cannot be appropriate to the spirit of family law trial.Hence,apart of courts in China have been starting pilot projects to reform the trial system of family law,which is relatively effective.However,there are still many difficulties in carrying out the trial of family affairs.Such as the lack of special trial procedure,the incomplete family judicial mediation system and the lack of trial team professional construction.Also,diversified dispute settlement mechanism still is not perfected.In view of this,it is necessary to take measures,such as building a separate family trial procedure and organized family trial mediation system.It should also strengthen for the professional trial team to overcome the shortage of the system norm in the family trial team specialization construction,further perfect diversified dispute resolution linkage mechanism,and build the new mechanism of divorce case.