Dispute Settlement Mechanism Of Divorce

At present, China's divorce disputes and the divorce rate rose rapidly, which bring a great number of effects on society, so it is very urgent to have measures to resolve divorce disputes. Divorce dispute settlement mechanism is an important tool of the country to appropriately intervene the divorce disputes and to protect the marital harmony and social stability .Because the settlement of divorce disputes involve not only the interests of family members, but also related to the social order and stability, therefore, in the settlement of divorce disputes, whether from the dispute settlement body or the way, there is a need to set up a resolution mechanism, which different from ordinary one. Based on this specificity, in judicial practice, many countries creat specialized bodies and special procedures to resolve family disputes, which represented by the divorce disputes. However, in our country's judicial practice, dealing with cases of divorce disputes basically rely on ordinary civil proceedings. Such a confrontational way of dispute resolution is obviously not conducive to the settlement of family disputes, not to mention the protection of privacy on the parties. So it is very important to strengthen the study on divorce dispute settlement mechanism.In this paper, she takes comparison, analysis and other methods to research dispute settlement mechanisms of divorce. By learning from foreign experience and the results of our previous scholars, she offers some views on the perfect of divorce dispute settlement mechanism.This paper is divided into four parts. The total word count is about 30,000 words.The first part is about the basic problems of the divorce dispute settlement mechanism. By analyzing the situation of rapid increase of divorce and its negative impact on the society, obtain a conclusion that to improve the divorce dispute settlement mechanism a very important. After that, she gives the definition and classification of divorce dispute settlement mechanism. Finally, she analyzes the four-point function of the divorce dispute settlement mechanism.The second part is about the introduction, such as meanings, functions of several main divorce dispute settlement mechanisms, namely, consultation mechanisms, consultative mechanisms, mediation mechanism, protocol mechanisms, arbitration, adjudication mechanisms, as well as foreign law investigated.The third part is about the status and problems of the dispute settlement mechanism in our country. The current main methods of divorce dispute resolution include civil mediation mechanism, administrative mechanism and Trial mechanism. Firstly she gives the status of them. After that she analyzes the problems of them.The fourth part of is the perfection of our country's divorce dispute settlement mechanism. Based on the deficiencies concluded in the third part, she puts forward some comprehensive measures to perfect them. Such as response to the deficiencies of civil mediation, she suggest setting up specialized agencies, implementing of specialized mediators, speeding up the people's mediation legislation, confirming the legal effect of the mediation agreement, cultivating a marriage and family consultant and mediators to meet the market needs; response to the deficiencies of divorce registration system ,she suggest strengthening the marriage registration office's function of reviewing the divorce agreement, setting the beginning time that allow for registration of marriage divorce ,as well as the consideration period, providing for the couples has the minor children under the age of 10 shall not apply to registration of the divorce proceedings; providing may-revoked registration of divorce and invalid divorce registration; response to the deficiencies of court mediation system, she suggest formulating a procedure for mediation, specializing staffs and implementing "adjusted trial separation", providing investigation system, strengthening effectiveness of the Protocol made out under the mediation; response to the deficiencies of divorce justice system, she suggest developing family proceedings law, setting up specialized agencies to trial the family case, deploying specialized personnel in the Family Court.