论文部分内容阅读
我国的家事案件因与普通民事案件采同一审判模式,其过于刚性的裁判结果因不尽合情理而一直受非议。此前曾有学者建议给予家事案件特殊的对待并将更多的感情因素加入家事审判,也有部分地区已进行改革试点,但总体来说仍未得到足够重视和应有的对待,家事审判依然在窘境中徘徊。《反家庭暴力法》出台后,随着人们维权意识的提高,家事案件呈现出数量增多、类型多样化、处理难度增加的趋势,而裁判结果也很难合情理,由此引发的矛盾和问题日益显现,全面设立专门家事审判机构已刻不容缓。本文通过对家事纠纷范围的界定和对该类纠纷特点的阐述,以家事案件的实践现状已不能满足现实需要为中心,提出了全面设立家事法庭的必要性和途径。
Due to the same trial mode as ordinary civil cases, the result of our overly rigid referees has been criticized for not being reasonable. Some scholars suggested that special treatment should be given to family cases and more emotional factors should be added to the family trial. Some regions have already carried out reform pilot projects, but in general, they have not received enough attention and due treatment, and family trials are still in a dilemma Hovering. After the Anti-Domestic Violence Law was introduced, with the improvement of people’s awareness of safeguarding their rights, cases of family affairs showed a tendency of increasing in number, diversifying in types and handling difficulties, and the result of the refereeing was very difficult to be justified. The resulting contradictions and problems It is increasingly apparent that it is imperative to establish a comprehensive trial of specialized agencies. Based on the definition of the scope of family disputes and the characteristics of such disputes, this paper, based on the fact that the actuality of family cases can not meet the actual needs, puts forward the necessity and ways of establishing family courts comprehensively.