Mediation Of Divorce Proceedings

Divorce conciliation, which plays an important role in solving contradictions between the parties concerned and restoring their marriage, is an essential procedure of a divorce action; it can reduce the pain of the parties concerned and the harm to their children and the society, even if they are unwilling to accept conciliation. Because of its importance, the full understanding and research of divorce conciliation is beneficial to further realizing its value.This thesis composes of three chapters apart from the introduction and conclusion.Chapter one discusses the jurisprudential basis of divorce conciliation. Part one briefs the legislative evolution of divorce conciliation and points out the significances of the legal provisions on divorce conciliation. Part two integrally constructs the value system of divorce conciliation from the perspective of its different values to the parties concerned, the courts and the society. Firstly, the author discusses the values of divorce conciliation to the parties concerned. The motility of marriage determines the significance of conciliation to the parties concerned. Secondly, the author discusses the values of divorce conciliation to the courts' trial work. Divorce is a universal phenomenon, so divorce conciliation involves many concerned parties' and their families' vital interests. Compared with judgment, conciliation works better at improving common people's cognition of law, judges, and the mainstream values of the society. Eventually, the society is inclined to identify with judgments. Thirdly, the author discusses the values of divorce conciliation to the society. Conciliation helps achieve harmonious judicature, implement the guiding principles of marriage law and inherit our tradition of solving civil disputes.Chapter two discusses the realization of the divorce conciliation. The realization of the divorce conciliation is whether the effect of conciliation on the parties concerned and the society can be achieved. Subjects and rules are necessary to realize any legal systems. Participant subjects and conciliation rules are crucial to realize the social effects of divorce conciliation. Participant subjects of divorce conciliation are mainly the parties concerned, judges, and other social members. The three types of subjects play different roles in conciliation, so only if their roles are defined clearly, can they help divorce conciliation. Generally, these reasons can be categorized into social, personal, environmental factors, etc. Since marriage exists in some certain social environment, its sound and vicious development correlates with the status quo of the society. Specifically, divorce is caused by following factors: popular attitudes in the society, the changes of marriage and family, the reform of economic system, the situation of economic efficiency, etc. China's Marriage Law provides that divorce cases should be conciliated. Thus, emphasis on conciliation is the principle of handling divorce cases.Chapter three points out the problems in divorce conciliation. This chapter mainly discusses the areas which need to be attended to and perfected in the theory and practice of divorce conciliation. Part one theoretically specifies the spirit and purpose of the legislation of divorce conciliation as well as the relation between conciliation and the concept of harmonious marriage. The purpose of divorce conciliation is, with the principle of children's interest first going though the whole process, to reduce effectively the antagonistic sentiments between the couples and ultimately heal the marriage or divorce on the ground that there are no hates between the couples. Part two discusses the unfavorable elements which affect the effects of divorce conciliation in the realization of divorce action. This part discusses the areas in the realization of divorce conciliation which need to perfected in order to achieve the values of divorce conciliation focusing on the following aspects: the handling of judges' and the concerned parties' jus despondent, the participation of social force into divorce conciliation and the points of attention, prevention of the concerned parties' "vicious conciliation" and the role positioning of the judges in divorce conciliation.