Font Size: a A A

A Research On The System Of Divorce Proceedings Conciliation In Chinese Mainland

Posted on:2018-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhaoFull Text:PDF
GTID:2346330515490451Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,with the development of social economy,family disputes are increasing,and the divorce rate is rising year by year,the court is constantlytired.The mediation of divorce proceedings is recognized as one of the important way to solve divorce disputes.There is no doubt that the value of mediation,on one hand,is a kind of effective conservation of the judicial resources,on the other hand,it is conducive to family stability and social harmony.Theresearch of divorce lawsuit mediation system has important practical significance and application value.The research object of this paper is the mainland's mediation of divorce proceedings system in our country.In China's mainlandwe does not distinguishstrictlybetween family disputes and other civil disputes,we also have no special conciliation proceedings against the family disputes.In recent years,to improve the system of litigation divorce mediation in mainland China,the scholars put forward some suggestions from different perspective in the discussion and research.In spite of this,the specialized study of mediation of divorce proceedings system is limited.Since May 2016,the supreme court held a video conference for the reform of thetrial mode and working mechanism for family disputes.The pilot courts in mainland are exploring the trial the new measures for mode and working mechanism reform of family disputes.This paper investigation to the judicial practice of mediation of divorce proceedings system in the pilot court from Henan province,and put forward suggestions of perfecting mediation of divorce proceedings system according to the judicial practice in mainland and the advanced concept of divorce mediation system in other countries and regions.The selected article has some theoretical research and practical application value.This paper contains four parts,about 30 thousand words.Part?is the introductionof mediation of divorce proceedings system in China.Inthis part,the appellation,the concept and characteristics as well as the theoretical basis andfunction of the mediation of divorce proceedings system will be discussed.In addition,the historical evolution of the mediation of divorce proceedings system in mainland China and its reform background in reality will also be discussed.Part?is the introductionofinvestigation to the judicial practice of the mediation of divorce proceedings system in our mainland.This part covers a survey about the mediation of divorce proceedings system of the intermediate court and its grass-root courts of Henan provinceand analyzes the problems and deficiencies in the judicial practice.Part ? is the introductionofinvestigation and evaluation of the mediation of divorce proceedings system.In this part,the author will introduce the mediation of divorce proceedings systemin Australia and the Taiwan area in our country.Part ? is the introductionof corresponding suggestions for the perfection of mediation of divorce proceedings system in mainland.The suggestions is aiming at the shortcomings of the existing legislation and practice to improve the mediation of divorce proceedings system in mainland China from the legislation,the principle of mediation,the docking between mediation and litigation,organization and team construction as well as suggestions for guaranteeing.
Keywords/Search Tags:divorce proceedings, the reform of family disputes trial, mediation, judicial practice, the perfect of the legislation
PDF Full Text Request
Related items