家事司法修复家庭关系的经验研究

家事审判改革强调修复家庭关系在家事案件处理中的重要性，但西南地区X法庭家事审判实践的经验研究表明，家事司法修复家庭关系的效度并不彰显。法官将家庭关系修复贯穿于审判的全过程后，依然很难修复夫妻一方离婚意愿强烈的婚姻关系，在面对代际关系冲突时也只能用法定权利义务关系去简化复杂的家庭关系。家事司法在修复家庭关系中能力有限，根本原因在于在当前社会条件下面临多重制约，包括开放社会带来的不稳定性、家庭成员之间的个体意识冲突、现代法律与家庭价值的冲突等。因此，家事审判改革应当在完善心理辅导、多元调解、单位联动等配套机制的同时，积极引导家庭成员树立有利于家庭关系和谐稳定的价值观念，建立能够有效稳定家庭关系的社会机制。

An Empirical Study on the Reparation of Family Relationship by Family Justice

The reform of family trial emphasizes the importance of repairing family relationship in the process of family cases. However, the empirical research on the family trial practice of X court in Southwest China shows that the effectiveness of family justice in repairing family relationship is not obvious. Although judges focus on the family relationship repairs through the entire trial process, it is still difficult to repair marriage relationship in which one spouse has a strong desire to divorce, and they can only simplify the complex family relationship with the legal rights and obligations when facing the family cases with intergenerational conflict. The fundamental reason for the limited ability of family justice in repairing family relationship lies in the fact that it faces multiple constraints under the current social conditions, including the instability of an open society, the conflict of individual consciousness among family members, and the conflict between modern statute and family values. Therefore, the family trial reform should guide family members to establish the values of maintaining harmonious relationship and establish a social mechanism that can effectively stabilize family relationship while improving the supporting mechanisms such as psychological counseling; multiple mediation; and social cooperation.