Marriage And Family Dispute Resolution Mechanism

Marriage and family disputes unlike general civil disputes. General civil disputes between the parties involved in the private interest only, and marriage and family disputes between the parties involved not only private interest, but also about the social order of the public good. Specialization in the modern judicial request should be based on the different types of cases, set a different dispute resolution system.This article is divided into four chapters, by theoretical analysis, comparative study, our present situation and problem analysis and other methods, by improving the dispute settlement mechanism of the Marriage and family vision.First is the introduction, a brief description of the marriage and family disputes, features, analysis of China's current situation, describes the research background, on this basis leads to this paper is to discuss the issue, pointing out that dedicated the marriage and family disputes settlement mechanism is judicial specialization, a systematic study of its great theoretical value and practical significance.The first chapter of marriage and family disputes settlement mechanism related theories are analyzed. Describes the marriage and family dispute resolution mechanism in the parties, marriage and family the object of dispute settlement mechanisms and their solutions, defined the scope of marriage and family disputes and characteristics, summarized the dispute settlement mechanism of marriage and family characteristics, marriage and family disputes concluded that multiple dispute settlement mechanism of the diversification requirements.The second chapter on Germany, Japan, the United States, Australia and other countries to solve the practical experience of marriage and family disputes, to inspect, summed up in these countries to resolve the current system of marriage and family disputes and common characteristics that exist in order for our marriage and family disputes settlement mechanism provide reference for improvement.The third chapter of Marriage and Family Dispute Resolution status and analysis of problems, from litigation and non-litigation dispute resolution mechanism for dispute settlement mechanisms were reviewed in two major aspects of China's current situation, the problems that the existing provisions, for later Legislation paving the way to make perfect.The fourth chapter is based on the first three chapters of the proposed marriage and family disputes settlement mechanism of the relevant legislation and practice improvement. From the people's mediation system, personnel litigation, the family court setting put forward three major marriage and family disputes settlement mechanism of the improvement ideas.