家事案件审理模式研究.pdfVIP

Abstract Due to the particularity of family disputes, many countries treat it with the difference between ordinary civil disputes. Not only in the substantive law on the special provisions, but also in the procedural law designed to solve this dispute alone special program or rules, which formed a special family case trial mode. At present, our countrys legislation and judicial family program relative lag. Therefore, the family case trial mode researches, to our country the housework trial reform of specialization, undoubtedly has great significance. This paper, besides the introduction and conclusion, mainly consists of three parts. The first part: an overview of the housework trial system. At first, it discusses the theoretical basis of the professional judgment housework ：the particularity of family dispute is the basic foundation of housework trial system, lawsuit and non-lawsuit procedure cross is housework trial special program principle, professional judgment housework is conducive to realize the essence of the value pursuit of justice, at the same time also is to protect the family interests, the interests of the society needs, in addition, the judicial professional also requires professional judgment housework. Secondly, the characteristics of family trial system have carried on the brief summary: these characteristics are main marks which diverse from program of ordinary family trial. Restrictions to the principle of disposition and powers doctrine, the trial in public, become the principle of special family trial system. The second part: There are some brief introductions and comments for family case trial model , which have four main kinds of trial mode: one is a special family court, the other is a court with internal special family court, the thir