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Divorce Proceedings Conciliation Research

Posted on:2016-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:L Y SangFull Text:PDF
GTID:2296330461451482Subject:Litigation
Abstract/Summary:PDF Full Text Request
Civil lawsuit mediation system is the people’s courts in the process of the lawsuit, presided over by the judges, the parties in the voluntary and lawful under the premise, to mediate on the civil dispute, the agreement is reached, a civil law system to resolve disputes. Divorce mediation is a branch of civil mediation in china. Divorce mediation is in the relevant laws and regulations under the guidance of the mediation process, the court presided over the mediation, in the actual process must strictly abide by the "Civil Procedure Law", "marriage law" and other relevant laws and regulations, the mediation process throughout the litigation process, can be reasonable mediation according to the development and the trial, the court divorce is a very effective way, a Chinese court divorce litigation cases of the most commonly used way of closing is the present stage.Divorce proceedings adjustable mediation has inevitable relation with China’s ancient cultural tradition and culture, since ancient times China advocates "harmony", the lawsuit mediation can better promote the stability and unity of society, ensure the divorce case get treatment fast and efficient. On the other hand, divorce litigation mediation mechanism can be the greatest degree of protection of children’s interests, to escort the harmony and stability of society. The social structure in China has changed a lot, people’s awareness of rights has been further strengthened, especially protect the parties in divorce cases in pay more attention to their own interests, in the face of changing external environment, China’s divorce mediation system has exposed some problems, these problems step by step we need to discover and to be perfect.On the basis of the full investigation literature, the basic principle, features and the value of Divorce Litigation Intermediation are introduced.In order to further understanding of China’s divorce lawsuit mediation system, divorce litigation mediation and people’s mediation, administrative mediation were compared and analyzed, and based on the process of lawsuit, the lawsuit reconciliation and judgment of dialectical analysis more clearly demonstrated in our country divorce lawsuit mediation system. And then take demonstration method of comparative law, introduces the content of continental law system and Anglo American law system countries about the litigation mediation of divorce cases, to make a more complete analysis of the whole divorce litigation mediation system.In addition, the mediation mechanism of divorce proceedings in our country has been studied and some problems and shortcomings in divorce mediation system of China are obtained.To solve these problems carries on the system analysis, combined with China’s legal environment and drawing lessons from the foreign divorce mediation mechanism put forward corresponding suggestions and measures, hoping to promote the gradual perfection of China’s divorce litigation mediation mechanism, improve the efficiency and level of divorce cases handled the, promote the gradual improvement of the socialist legal system in our country.
Keywords/Search Tags:Divorce, mediation of divorce proceedings, reforming, perfecting
PDF Full Text Request
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