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家事审判制度的重构是我国司法改革的组成部分。近年来,法学界和司法部门对家事审判制度改革进行了诸多探索,但对于家事诉讼的受案范围、家事诉讼程序规则、家事审判与少年审判的融合等基础性问题的研究仍较为欠缺。在新形势下,家事审判制度的构建仅靠法律移植或单纯的修改法律已无法达到理想的效果。为此,我国应当借鉴域外的成功经验,总结家事审判制度改革的经验,适时地建立少年家事审判庭,以实现家事解纷的实质正义和综合效益。
Reconstruction of family justice system is an integral part of judicial reform in our country. In recent years, the jurisprudence community and the judiciary have conducted many explorations on the reform of the family justice system. However, there is still a lack of research on the basic issues such as the scope of family lawsuits, the rules of family litigation, the integration of family and juvenile trials. Under the new situation, the establishment of a family justice system can not achieve the desired results by simply transplanting the law or simply revising the law. To this end, our country should learn from the successful experience of other countries, summarize the experience in the reform of the family justice system, and establish a juvenile courtroom in a timely manner so as to realize the substantive justice and comprehensive benefits of family disputes.