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现代中国特色的婚姻诉讼制度的雏形产生于建国初期,该雏形的生成除了受到当时社会政治、经济和文化因素的影响外,还包括几个方面的渊源,即新民主主义革命的民事审判制度与实践是其历史渊源;婚姻领域内立法中的程序规定是其实体法渊源;婚姻法贯彻实施中司法保障的经验积累是其社会实践渊源。
The embryonic form of the modern Chinese matrimonial litigation system originated in the early days of the founding of new China. Apart from being affected by the political, economic and cultural factors in the society at that time, the prototype of the matrimonial litigation system also included several sources: the civil trial system of the new-democratic revolution and Practice is its historical origin; the procedural provisions in the legislation in the field of marriage are the source of its substantive law; and the accumulation of judicial guarantees in the implementation of the Marriage Law is the source of its social practice.