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Study On Family Mediation Procedure

Posted on:2010-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:L D WeiFull Text:PDF
GTID:2166360278976272Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Differing from other civil disputes, family disputes with the two parties'status related, more involves their sentiment and morals. Therefore, whether in theory or practice, it is no doubt that family mediation has played a huge role on solving family disputes. The procedure of family mediation can be able to benefits litigants as well as nation and justice system unceasingly.Different dispute settlement procedures should be established to solve different types of disputes. Many countries and areas have their systems to solve family disputes, and Family mediation in different countries and areas has different name. But Family mediation is not a proper noun in China, which was introduced with studying on the foreign family dispute settlement mechanism by our scholars. Different dispute settlement procedures are not established in china, according to different types of disputes. We have a procedure to solve all different civil disputes. The procedure of family mediation should be set on the basis of the characteristic of family dispute, our country should offer a separate dispute settlement mechanism to solve family dispute. It should be an independent process to resolve family disputes.Mediation, which is called"Experience from the East", has recently received the great acclaim in western developed countries. It is used to settle family matters frequently, and mediation procedure is set as the preliminary procedure before a lawsuit. They have achieved remarkable successes in the law field, and formed a characteristic mediation system. Although family mediation in China has its profound historical and cultural background and the social foundation, it is not a professional and standardized system. There is no special judicial procedure or mediation procedure to family matters in China, and being no professional officers engaging in mediating family matters. It is very disappointed for us, and we have a long way to go in the family mediation. Successful practices and experiences of the foreign countries are worthy of learning in the procedure of family mediation, and they provide us the real empirical references.Recently family mediation in China has two channels: sponsored by court or other organization, and each has its own advantages and disadvantages. Out of court, People's conciliation committee installed by the villagers committee deal with simple disputes, and they are less likely to face a lawsuit. It is important of mediator's authority and influence in this district. So, it is a mediation mode on an individual's behalf, although as a systematical mediation. Justice Bureau is a main way to deal with family disputes in villages. Cases received by it are more than those that are accepted by court. It is because of the features of family matters and different economic power and the facts, and so on. Justice Bureau's conciliation belongs to people'mediation legally, at the same time, it also has administrative color essentially. So, this mode can reflect advantages of people's mediation and administrative mediation. Mediation sponsored by court in China is the way of mediation inside a court, which is favorable for settlement of family disputes in law finally. In dealing with family disputes, the organizations has an important role respectively. At the same time, the function of the two systems has suffered restricted as a result of systematic defect.When constructing family mediation procedure in China, we should reconstruct the present mode of mediation, absorbing the successful experiences of wealthy countries in professional and systematical construction, and fully taking advantages of both court mediation and people's mediation. Measures are put forward by author: Firstly, mediation procedure is set as the preliminary procedure before a lawsuit. According to their own situation, the two parties should have right to choose conciliation officer, and who are the best judges of their own benefits; Secondly, playing an active role of mediation out of court, improving the deficiencies and increasing the effectiveness of it, the aim is to regard mediation out of court as the first line of resolving family disputes. Thirdly, reforming court mediation system, court mediation will be separated from the trail, and become the preliminary procedure before beginning a trail. A special section should be set inside court, and people's conciliation committee shall has equal status with it in law. To achieve the goal, other related systems are required.
Keywords/Search Tags:Family matters, Family mediation, The preliminary procedure, Positive analysis
PDF Full Text Request
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