| 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 country’s 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 third is the juvenile court,the fourth is in ordinary court internal setting up special housework judge.Among them,it mainly analysis the first two trial mode for advantages and limitations,as to our country,pointing out that the housework trial professional reference.The third part,based on the analysis of the difficulties in housework trial,it proves the necessity and feasibility of family court.Because of the national conditions,we should take step for construction ideas,to our country frame housework case trial mode putting forward macro idea:first at the grass-roots level establish the housework judge a collegial panel,and gradually set up special family court,and in family court which based on the pilot build family court,finally form a multi-level and diversified housework case trial mechanism. |
