Research On The Mediation System Of Family

Nowadays many countries choose to use mediation to resolve family disputes, and formed a relatively complete system. However, in our country, family mediation because of the lack of professional institutional and procedural necessary arrangements, showing a random, popular and non procedural characteristics, this is far from the objective law of family cases mediation and the reality demand of our country. Therefore, this article is going to analyze the general situation, our family mediation system’s historical development, main contents and existing problems and deficiencies of China’s mediation system, and put forward ideas and suggestions to perfect the corresponding systems and specification steps of family mediation systems, in order to comprehensively deepen understanding of China’s mediation system concept and the characteristics, thus the current Chinese mediation system of legislation and judicial practice and relevant system will get perfection.This article consists of three parts, and is about 2.6 thousand words.The first part is an overview of family mediation system. First of all, clarifies the concept of family cases and family mediation, points out that the concept of mediation shall be generalized, not only include the court proceedings in family mediation, but also the other mediation subject outside of court who preside over the participation of family mediation(outside the lawsuit mediation). Secondly, points out the main types of the mediation cases which can be applied to involves property division, child support marriage, adoption, the dependency relations that refers to derived cost and behavior of the cases, the inheritance relationship involving property inheritance share cases and domestic violence cases which after the consent of both parties and by professional mediation analysis recognized. Finally, analysis the characteristics of family mediation, that is not open, lay particular stress on the emotional and psychological treatment of coordination, emphasize the importance of party oneself participate.The second part introduces and analyses China’s traditional and current family mediation system. Firstly, give brief review and summarize about the development history of our country’s mediation system, Analysis Chinese traditional civil mediation in family mediation system is based on small-scale peasant economy, the acquaintance society as the basis, adhere to the "unity of family and country", as an authoritative family autonomy, and has the distinct pragmatism color. Secondly, considers the main content of the Chinese family mediation nowadays, including the legal origin of the modern family mediation system and implementation, clarifies the modern conciliation in our country categories, is consist by two kinds of mediation mechanism and litigation respectively by constitute. At the same time put forward the subject of conciliation in our country and their need of roles and responsibilities, including mediation, conciliation, the third person and the auxiliary personnel. Finally, put forward the existent problem of family mediation system from the family mediation legislation, a few scattered outside the lawsuit and the lawsuit in the presence of family mediation shortcomings.The third part is the perfect proposal of our country family mediation. In the above analysis and propose researching problem’s foundation, combined with the concrete practice of relevant countries and regions of the world, according to the actual situation of the specific judicial practice in our country, puts forward the the corresponding thoughts and perfecting suggestions of the aforementioned deficiencies. Firstly, the thought to perfect Chinese mediation should be based on the particularity and complexity of family cases, in the form of special law stipulation by concrete articles in legislation. Secondly, draw lessons from Australia, Japan, Hongkong, Taiwan and other countries’ specific practices, for the previously mentioned litigation proceedings outside and within a few deficiencies, respectively correspond to propose solutions, in order to build a harmonious society and to promote "people-oriented" social background vigorously, to ease family conflicts as well as to resolve family disputes properly in appropriate and effective way, thus we can achieve an harmonious, stable, and peaceful society.