Study On The Mechanism Of Family Dislpute Resolution Under The Theory Of Structural Function

Family is the basic unit of social life,family conflicts of processing is related to the stability of family,family harmony is directly related with the harmony of the society.The family dispute resolution mechanism as a social system,independently complete the optimization of the structure,function implementation requires a escort basic theory,construct the family dispute resolution mechanism under the theory of structural function,can realize social resources integration,to meet the particularity of the family dispute resolution,dissolve the contradiction in the peace,insulation feelings between family members,family harmony,safeguard social stability.The study of dispute settlement mechanism cannot leave the social background environment,the changes of the family dispute resolution mechanism on the impact of social macro structure.Long-term reform and opening up and market economy,to promote China's economic structure,political system changes continuously,a variety of contradictions interwoven,increasing social instability factors,dispute resolution mechanism for resolving contradictions,maintain social stability at the end of the barrier,in the new period should be the government under the framework of the comprehensive treatment.In recent years,scholars generally focus on the dispute settlement mechanism of the micro level,such as the case mediation and conciliation mode,the relationship between folk law and customary law and national law research,the research for the construction of our country in the new period of dispute resolution mechanism has not reserved advantage of battle,but they have some ignore the macro-level research,to know things all external appearances and deep structure exist intrinsic links,so this article is from the deep social structure open study,will view at the macro level.Theory in this paper,by analyzing the structure function(mainly refers to the era of parsons)the basic content and the basic theory of the family dispute,deduce the family dispute resolution mechanism structure,the theoretical basis of the analysis of the unique characteristic of the family disputes in our country,summarizes the family dispute resolution mechanism to construct social practice basis.Points out the present problems of the family dispute resolution mechanism in our country,by reference to Australia,Germany and other countries in dealing with the advanced practice of family disputes,combining the theory of structural function of guidance,to explore the construction of the family dispute resolution mechanism of our country.In this paper,through literature research,the basic content of structure and function analysis theory and the core point of view,for the construction of the family dispute resolution mechanism to provide the guidance of the theory significance.Analysis with logic analysis method and the family dispute is different from other civil disputes,the present situation of existing family dispute resolution mechanism in China,put forward the improvement of the targeted advice.Through the developed countries such as Australia,the United States,Germany,the current family dispute resolution mechanism research,combined with China's traditional culture and values in the new period,the family dispute resolution mechanism in China is proposed theoretical framework and some practical improvement measures.