The China's Family Mediation System Of Reconstruction

In today's construction of a harmonious society,the family mediation have a great significance in the family dispute,The family dispute is different from general civil disputes,it contains many characteristics determine the mediation is the optimal choice of dispute resolution.With the economic development and social civil rights consciousness enhancement,the number of family cases has increased dramatically,and the mediation procedure has been widely concerned.In order to effectively resolve family disputes,and promote social harmony,build the family mediation system has the necessity and urgency.Family cases need to deal with the special procedure,it has caused a serious challenge to the court,the family litigation,The family cases need to deal with the special procedure In nature,it has caused a serious challenge to the court.The family litigation require soft trial,providing a new approach for the modern family to dispute resolution model,at the same time,putting forward more requirements to he family program design.Foreign mediation system initially applied to the family court or to divorce dispute solution,compared with common law countries,Family mediation has a little effect on the continental law system,but there are still a lot of Asian countries established the characterization of the mediation system,the practice of these countries is worth using for reference in our country.Nearly 20 years,we are promoting the reform of civil trial in China,and focusing on the reform property cases in judicial proceedings,however we neglect the construction of the family proceedings,failure to come up with to match the diversity of programming.So litigation procedure is not the best choice for the family dispute and it's only a final relief mechanism,and the family mediation system has a lot of problems in our country,there is no special family court conciliation and so on.This article mainly analyze the family mediation system from four parts,and the article is divided into four parts altogether,it;s a total of 30000 words.First of all,we analysis the meaning and function of family mediation system.We analysis the main scope of family mediation system,and analyze some special case such as domestic violence to explain whether to put into the scope of family mediation.On the other hand,we analysis the function of family mediation system,it can alleviate the pressure of the lawsuit and save judicial resources and reduce costs,maintaining good relationship with relatives,privacy according to the particularity of the family cases.So we can highlight the advantages of family mediation system.Secondly,we summarize the status of the family mediation system in our country,and defects.From the legislative and judicial we analyze the reality situation.the family mediation consists of court mediation and litigation mediation Court mediation have not investigation system and the range is not clear.It shows the defects of the family mediation system.Thirdly,We will analyze the flaw of the mediation model and so on.we expound the necessity and feasibility of establishing the family mediation system,we can lead to the necessity of family mediation system reconstruction.Adjusting the interpersonal relationship is another reason of building the family mediation system,We build the family mediation system conducive to many different dispute from the angle of the psychological level,The judicial practice provide the possibility for the family mediation system reconstruction in addition.Finally,we analyze the family mediation system of reconstruction.The family mediation system reconstruct the pursuit of formal justice and substantive justice,Sticking to protect the interests of minors,we analyzes the establishment of the family court mediation,and the family of mediator's composition as well as his rights and obligations.we should understand the mediation participants clearly,and how to start to Conciliation proceedings.We adopt the comparative method and comparative method,and the literature material law to analyze the family mediation system from four aspects.we analyze the problem of family mediation system in our country by understanding foreign family mediation system.we put forward some ideas and hope to have an effect on family mediation system.