家事审判制：家事诉讼程序与家事法庭

家事案件因其高度人身属性而不同于普通民事争议,当事人相互之间的关系既具有终身性又可变的两面性,彼此利益既统一又分离;双方的自由合意和处分权受到较大限制。为更好地适应家事争议当事人的特殊利益需要,应对家事案件数量持续增长,促进家事争议处理质量的提高,我国宜借鉴德国、日本、英国等国司法改革经验,制定独立的家事诉讼程序,在法院设立专职审理家事案件的家事法庭乃至家庭法院,配备擅长于调处家事纠纷的法官及专职辅助人员,尽快构建家事审判制度。宜把司法裁判定位为解决家事争议的最后手段;鼓励当事人利用和解等多元化途径解决家事争议,化解家庭矛盾和冲突,提高家事争议解决的司法效率和社会综合效果。

The Institution of Family Justice:Family Proceeding Independently and Family Courts

Family Cases with strong personality and right of dispose limited are much different from other kinds of civil cases.Parties' relationships each other seem fixed but changing,their benefit looks combined together closely but independently.Considering the nature and characteristic of family disputes,and to satisfy with continual growth of family disputes,independent family judicial proceeding that would improve judicial result and social effect should be introduced into China by learning from successful legal practice from German,UK and Japan.It could be better that there will establish a family judicial of justice for which a independent court for family cases only should be introduced into People's Court where a professional family judge works as soon as possible.Judicial action for a family disputes seems to be the last method Parties would be encouraged to settle their family disputes based on mediation or negotiation and other effective method to make judicial effect and social effect of family disputed settlement more better.