| In 2016,the reform of the trial mode and the working mechanism of the family trial were carried out in the whole country,and the mediation of family disputes was also included in the key areas of reform.Mediation is more flexible than litigation,which plays an important role in the settlement of family disputes which implies the kinship.With the spread of family reform,the pilot courts have actively explored the development of family dispute mediation,and some pilot courts have implemented the family dispute mediation.However,there are some problems in the new trial and the blank in the legislation,which can not form a systematic procedure of family dispute mediation.On the basis of reading a large number of documents and collecting relevant information and data,the author points out the deficiencies in the current legislation and reform,and makes an in-depth study and puts forward the solution to the problem.This thesis is consisted of five parts.The first chapter summarizes the connotation of the pre procedure of family dispute mediation,and introduces the definition,nature and function of the procedure.The second start from the advantages of conciliation procedures in dealing with family disputes,taking the legislative trend as the perspective and analyzing the concept of autonomy of the parties,draw a conclusion that necessity of establishing the procedure of family dispute mediation.The third chapter mainly analyzes the legislative status and judicial practice,summarizes the current problems in the program in the reform of family mediation procedure.In the fourth chapter introduces the beneficial experience of Japan and Taiwan in the legislation of the program of the family mediation system,which can be used for reference in our country.The fifth chapter is the conclusion of the first four chapters,from the applicable type,scope,relevant organizations and procedures to establish the concept of the establishment of domestic dispute mediation procedure. |
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