The New Enxploration Of The Marriage And Family Disputes Resolution Mechanism

Marriage and family disputes is not only a family problem but also a social problem, the mishandling of which will easily leads to a situation where the case is close while the disputes still exist, or extreme malignant events may arise, which will affect social stability and harmony. The identity and property characteristics of marriage and family relations decide the particularity of the marriage and family dispute resolution mechanism, different from general civil action, calling for adapting to the special judicial principals. However, at present the legislative procedure on marriage and family of our country lags behind, and the study of diversified dispute resolution mechanism is still in its initial stage, which cannot meet the need of resolving marriage and family dispute in the new period. However, the good news is that, with the acceleration of the judicial system reform, deepening the reform of the diversified dispute resolution mechanism comprehensively and speeding up the reform of family trial have become an important content of the judicial system reform. Therefore, further study of the marriage and family dispute resolution mechanism has great theoretical significance and is of value in judicial practice.This paper mainly divides into four chapters. Chapter 1 introduction, mainly introduces the background of the selected topic, the significance of this paper, the research ideas and methods,and the literature review. Chapter 2 is the summary of the marriage and family dispute resolution mechanism in our country, which mainly covers its definition and characteristics, the present situation and the existing problems of the mechanism as well as the cause analysis of the difficulties in solving marriage and family dispute in China. Chapter 3 is the new exploration of the marriage and family dispute resolution mechanism- taking the survey of the Liannan in Guangdong province as example. It mainly deals with the general introduction of yao autonomous county and the historical development of the marriage and family system, the common law of marriage, the unique yao elders mediation system, and the marriage and family dispute resolution mechanism in Yao autonomous county, including the non-litigation and the litigation dispute resolution mechanisms, the linking of non-litigation and litigation mechanism. Chapter4 concerns the marriage and family dispute resolution mechanism being perfected in China in the new period.This chapter mainly introduces the goal of the mechanism during the new period of our country and the suggestions of improving the mechanism, including establishing a mechanism in which the non-litigation serve as the main approach supported by the litigation approach, establishing the mediation procedure before litigation, improving the establishment of the affiliated mediation agencies and the family trial collegiate bench of the people’s court, optimizing the synergy effect of the autonomous organization and social organization for the settlement of family and marriage dispute, identifying the norms of family and marriage from local rules and incorporating them into the formal basis for mediation, perfecting the mediation system with acquaintance’ assistance.The innovation of this article is a relatively systematic study of marriage and family dispute resolution mechanism from the perspective of perfecting the dispute resolution mechanism and enhancing the innovation of the family and marriage system, conducive to the perfection of the family and marriage dispute resolution mechanism in the our country.