Study On System Of Family Lawsuit Meditation

Lawsuit meditation is a law activity and way of ending cases by which both parties in a lawsuit negotiate voluntarily and equally for the civil rights,in order to make an agreement and solve the dispute.Different from general civil disputes,with its characteristics of being involved in special relationship,private,social,and ethic,the family lawsuit should be meditated instead of judged,which could ease the contradiction and cause the better social effect in a more effectively way.In 2016,the supreme people's court chose 118 basic people's courts and intermediate people's court,and carried out the reform for the family judgment and work mechanism for two years.The family lawsuit meditation is one of the important points of the reform.But nowadays,our country lacks the specialized law for family lawsuit proceeding,and the current family lawsuit meditation lacks the consistent rule,of some terms appearing dispersedly in some civil laws.And the reform is still in the process of exploring;with some regulations should being improved in judicial practice.Thus,the study on system of family lawsuit meditation has its important value in theory and reality.The thesis includes five parts,and discusses the development of system of family lawsuit meditation and current problems with the theory of the meditation system and the practice of tested courts.Firstly,the author introduces the conception of family lawsuit meditation,consisting of its concept,characteristics,meaning and development,and then brings out the historical evolution of some countries' meditation system from anglo-american law system and continental law system,and their inspiration for our country.secondly,the most important in the article,the author summarizes the practical explores of the tested courts,distills some special ways in the practice,such as building the family lawsuit trial division,cooperating with external institutes for instance the Women's Federation,setting system of the family lawsuit investigator,psychological intervention guidance,putting the family lawsuit meditation ahead of other lawsuits,and carrying out the special meditation etc.Afterwards,the thesis poses the existing problems,for example short of proof investigation during mediation,insufficient protection for under aged children,lacking the substantive examination for meditation agreement,and techniques and ways of meditating to be improved,etc.Finally,aiming at above problems,the author gives some suggestion in meditation procedure,personnel selection,enlarging power investigation,protection for under aged children,substantive examination for agreements,improving meditating skills and ways and so on.