论家事纠纷诉讼与非诉讼协同解决机制的构建

On the Construction of Resolution Mechanisms for Collaboration between Family Litigation and Non-litigation

近年来我国家事纠纷数量逐年递增,传统的家事诉讼解决机制已经不能满足司法实践的需要,家事纠纷的非诉讼解决机制因其独特的功能作用,已成为学术界探讨的热点问题。考察世界上其他国家和地区的成熟经验可以发现,对家事诉讼特殊程序机制的构建和对非诉讼解决机制的培育利用是同步进行、协同发展的。结合我国国情,应当立足于家事纠纷的固有特质,一方面通过专门立法解决家事诉讼程序理念不适应实践发展的问题,另一方面要借鉴域外经验合理培育若干种家事非诉讼解决机制,并做好二者之间的有机协同。

With the family disputes in China increasing year by year, the traditional family litigation mechanism can no longer meet the needs of judicial practice. The non-litigation mechanism of family disputes has become a hot issue in academic circles because of its unique functional role. By investigating the mature experience of other countries and regions in the world, we can find that the construction of special procedures for family litigation and the cultivation and utilization of non-litigation solutions are carried out simultaneously and synergistically. In combination with China's national conditions, it should be based on the inherent characteristics of family disputes. On the one hand, it should solve the problem that the concept of family proceedings is not suitable for practical development through special legislation. On the other hand, it is necessary to learn from the extraterritorial experience and reasonably cultivate several kinds of non-litigation mechanisms for family affairs. The key is to collaborate family litigation and non-litigation mechanism well.