家事审判的困境与程序完善

The Dilemma and Procedure Perfection of Family Trial

当前,我国家事案件数量庞大且逐年增加,严重影响了社会的和谐稳定和可持续发展。通过对中国裁判文书网上家事裁判文书的系统梳理和具体的实证调查,发现我国家事审判的现实困境集中表现为专业化程度不足,以及具体程序的不完善、不健全,阻碍了家事审判在实践中的推进和落实。为此,完善我国的家事审判程序需要发挥调解在化解纠纷中的内在功能;构建专门的诉讼制度;确立以未成年人保护为重点的执行制度;通过多部门的综合联动,不断促使我国家事审判朝着专业化、系统化方向发展。

At present,the number of family cases in China is huge and increasing year by year,which has seriously affected the harmony,stability and sustainable development of the society.Through the systematic combing and specific empirical investigation of China's online family judgment documents,it is found that the practical difficulties of family trial in China are mainly manifested in the lack of specialization and the imperfection of specific procedures,which hinder the promotion and implementation of family trial in practice.Therefore,to improve the family trial procedure in China,we need to give play to the internal function of mediation in resolving disputes,build a special litigation system,and establish an enforcement system focusing on the protection of minors.Through the comprehensive linkage of multiple departments,China's family trial is constantly promoted to develop in the direction of specialization and systematization.