Study On The People’s Mediation System Of Family Disputes In China

Family disputes are conflicts within the family members, such conflict is different fromordinary civil disputes, and it involves factors such as ethics, blood, emotion, identity and hasthe unique characteristics of privacy, irrational, ethics, and other unique features. The solutionof such disputes should focus on the processing of emotions and family relationships. Thesolving mode dealing with disputes between relatives must be different from the mode amongstranger disputes. The people’s mediation system which has been taking the work ofmediating civil disputes has a deep historical origin and cultural basics in our country, whichfully deserves the title of native resources in the process of legal construction in China. Thepeople’s mediation which ultimate value is based on the elimination of opposition, theachievement of reconciliation and the restore of feelings is different from the administrationof justice. The mediation process is out of the strict limits of established laws and regulations,which focus on maintaining long-term interests of the parties in dispute and the community.Therefore, the people’s mediation has a great advantage for solving family disputes withnon-fundamental conflict, privacy, family, ethical and other characteristics, which is a naturalmechanism to resolve family disputes. But the people’s mediation system has its owndrawbacks. With the continuous improvement of the legal system, the people’s mediationsystem has increasingly shown its drawbacks, the insufficiency of its organization, the lowquality of the mediators, the non-standard of conciliation procedure, the lack of mediationfund and other factors greatly affect the mediation effect of people’s mediation system.On the background of the increasing number of family disputes, the large amount oflitigations of Justice, the building of a harmonious socialist society, the reform of the existingpeople’s mediation system, it is necessary to give full play to the advantage of people’smediation system to resolve family disputes so that the people’s mediation system trulybecome the first line of defense to resolve family disputes. Fronting with the present situationand problems of the people’s mediation system, it is necessary to learn the advanced conceptsof family mediation system from foreign countries on the basis of existing resources andcondition. While handling the relationship between the fine traditions and innovative,constantly improve the ability of the people’s mediation system of adapting to new situations.To improve the people’s mediation System, efforts should be taken to establish the specializedinstitutions of people’s mediation of family disputes, to create a favorable operating environment of mediation, to enhance the quality of the mediators, to regulate the conciliationprocedure, to strengthen the interaction between people’s mediation and judicial, and toimprove the people’s mediation system of financial security mechanism.