摘要
随着婚姻家庭观念与家庭生活模式的转变,家事审判改革迫在眉睫。通过最高人民法院开展家事审判方式和工作机制改革试点工作,家事案件审理路径不断推陈出新,审判理念持续转变。与此同时,家事案件审理所面临的困境也亟待摆脱,包括我国缺乏专门性的家事审判程序和系统的家事审判调解制度,家事审判机构与团队专业化建设和家事案件多元解决机制不完善等。通过对家事审判改革现状的考察,分析与阐述建构家事审判程序所陷入的困境,进而在此基础上提出可行的应对建议。
With the change of the concept of marriage and family and the mode of family life, the reform of family trials is imminent. Through the Supreme People’s Court to carry out the trial of family trials and working mechanism reforms, the trial path of family cases has been continuously updated, and the concept of trials has continued to change. At the same time, the difficulties faced in the trial of family cases are also urgently needed to be rid of, including the lack of specialized family trial procedures and systematic family trial mediation systems in China, the professionalization of family trial institutions and teams, and the incompleteness of multiple resolution mechanisms for family matters. Through the investigation of the status of family trials reform, this paper analyzes and expounds the dilemma of constructing the family trial procedure, and then puts forward feasible countermeasures on this basis.
出处
《法学（汉斯）》
2019年第4期120-129,共10页
Open Journal of Legal Science
