(School of Law, Beijing Institute of Technology, 100081)
关键词：家事诉讼程序法 家事调解程序 家事审判程序 调解程序前置
Legislative Design of the Pre-Procedure of Family Mediation in China
Abstract: The pre-procedure of family mediation in our country is not clearly stipulated in the 《Civil Procedure Law》, and there are also great differences in the mode of application of the court in the reform of family trial. China's future "Family Procedure Law" should establish independent family mediation procedures and family trial procedures (including family litigation and non-litigation) based on the theory of "procedural proportionality" and "separation of mediation and trial". And clearly stipulate that the family mediation procedures should be placed before the family trial procedures. The legislative design of independent the pre-procedure of family mediation includes: defining the concept and attributes of the pre-procedure of family mediation; clarifying the legal status of the family mediation committee and its personnel of the annexed to court; perfecting the specific system of the pre-procedure of family mediation, in order to straighten out the connection between the pre-procedure of family mediation and family trial procedure, etc.
Key words: Family Procedure Law；Family Mediation Procedure；Family Trial Procedure；Pre-procedure of Mediation