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Research On The Reform Of Family-Disputes Mediation

Posted on:2018-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhaoFull Text:PDF
GTID:2336330515486773Subject:legal
Abstract/Summary:PDF Full Text Request
Marital Relationship,as the basis of society,become more complicated with China's economic development.Current family disputes judging system can no longer adapt to the growing number of the family disputes well.On the whole,reform of family-disputes procedure is imperative due to the disorder of extracurial compromise and less rigorous litigant-mediation.Given the circumstances,a reform of family-disputes judging system initiated on 1st June 2016,as a main part of which,family disputes mediation institution innovation has been carried out in the past 6 months.According to the observation of the pilot court of Qiongshan District,the reform of mediation has achieved considerable progress,including the rising rate of mediation and positive social response.Nevertheless,there remains some flaws that current reforming measures has not covered,such as the superficial mediation efforts,the imperfection of mediators setting,the fail in guaranteeing child's benefits,the confusion of mediation with trial and the lack of official local support.The overseas advanced experience indicates the ongoing reform needs to make improvements in aspects as follows:Perfecting mediators' staff constitution,positioning and appraisal mechanism;making distinction between trial and mediation to guarantee the judgment' s justness;completing post-trial support institution to deepen the mediation;establishing the juvenile benefit protection policy;integrating social resources to build diversified family-disputes mediation approaches.
Keywords/Search Tags:family-disputes, reform of trials in family matters, family-disputes mediation, separation of mediation and trial
PDF Full Text Request
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