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On The Perfection Of Family Dispute Resolution Mechanisms In China

Posted on:2014-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:K YiFull Text:PDF
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While the modern society developing fast, China is now at a high stage in casesof civil disputes, a wide variety of civil cases emerging. The traditional disputeresolution structure is not adapted to resolve the civil cases are required under thissociety. In order to ease the increasingly tense situation of China’s judicial resources,the complete and specialized resolving family dispute system were needed.The harmony of the family safety related to a country’s stability and development.Priority to resolve family disputes,the disputes accounted for a high proportion of thecivil disputes,can effectively alleviate the enormous social pressure by the highincidence of civil disputes.In order to have a better understanding of the resolvingfamily dispute system,only to clear the concept and characteristics the scope andparticularity of family disputes,and recognize that with the advantages anddisadvantages of the different civil dispute resolution process to resolve familydisputes, to accurately find basic features and key points of resolving family dispute.China’s traditional concept of family ethics has a very rich connotations. On thisbasis, China’s gradually formed to manage daily affairs within the family FamilyLaws for the content of family dispute resolution mechanism in ancient. We canarrange a time to analyze China since ancient times on how to solve this problem on afamily dispute situations change and development. It shows concretely as followsMediation System rapid development under the advantage of traditional legal cultureguide and a lot of practical experience, litigation is a long period of stagnation,neglected state. This feature caused our family dispute resolution mechanism at thisstage abnormal development of the status quo.Overall, our resolving family dispute system has various limitations and theoverall level of the stay in the lower level because traditional social attitudes hadbehind the changes in the basic national conditions. The mediation system hasinherent advantages because of various reasons development has been constrained,the low level of degree of specialization; too dependent on the mediation hinder thedevelopment of family law litigation in China at the same time. Priority, we have totheir own national conditions as a foothold, learning experience of the countries andregions in the world in resolving family disputes, assurance mechanisms within thevarious dispute resolution healthy competition, coordination and cooperation, weshould establish a sound and efficient, long-lasting resolving family dispute system.
Keywords/Search Tags:Family disputes, Non-litigation mechanism, Family mediation, Familyprocedure
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