Research On The Mechanism Of Family Dispute Settlement

Domestic academic circles discuss the mechanism of domestic dispute settlement,long in a kind of tepid situation.It was not until 2016 that the supreme people's court officially launched the pilot reform of the family trial system,which was carried out in nearly 100 grass-roots people's courts and intermediate people's courts nationwide.The reform of the family trial system,which is so powerful,has aroused hot debate in academia,and research on this issue has followed.However,from the present point of view,most studies are still the introduction of foreign experience,lack of theoretical analysis and institutional design for the reality of our country.Because the family dispute has a strong cultural nature,blindly seeking others' experience can be counterproductive.The domestic dispute resolution mechanism is already a mature system in some developed countries,and it is still an emerging thing in China,and there are still many problems.This requires us to be deeply rooted in our homeland,to critically learn from foreign experience,and to better serve our own needs for the ultimate purpose.The introduction of this paper mainly explains the background,methods and the necessity of thesis research.Besides the introduction and conclusion,the article is divided into four parts.The specific research and design ideas are as follows:The first part is an overview of the mechanism of domestic dispute settlement.The concept,type,current situation and basic content of domestic dispute settlement mechanism are expounded.Firstly,the concept of family dispute is defined from the Angle of meaning.Secondly,the existing classification methods of domestic disputes are sorted out.Thirdly,the present situation of domestic dispute settlement in China is introduced.Finally,three main functions and three principles of domestic dispute resolution mechanism are put forward.The second part is in reference to two big legal system country family experience,on the basis of the types of disputes according to resolve disputes in our country,solve the contradiction of litigation basic needs,constructed based on the family dispute type into the family dispute resolution mechanism of diversion system.The third part is the construction of the non-litigation settlement mechanism of family disputes.It includes two parts,one is the family dispute special procedure,the other is the family dispute ADR procedure.Is mainly aimed at the family not in terms of the case that the former,the latter is the reconstruction of existing people's mediation system of our country and the family of administrative mediation builds,in response to the Supreme Court to promote the establishment of the judicial power in the family trial system reform and administrative power and social power combining the requirements of a new type of family dispute coordinating to solve.The fourth part is the construction of the settlement mechanism of family dispute litigation.There are two main contents,one is the family investigation procedure and the family court mediation.The family investigation procedure is a reference to the Japanese household investigation system.Since China does not yet have the environment to fully promote the system,it is necessary to pilot the pilot projects in individual cities.The conciliation procedure of the family court is the organic component of the mediation mechanism of civil mediation,the mediation of the people.The second is the construction of the family dispute hearing procedure.First,based on the existing civil procedure,some necessary adjustments are made to the overall characteristics of domestic disputes.Secondly,according to the characteristics of different types of family disputes,the suit mode of litigation is constructed.Finally,some domestic disputes involving vulnerable groups are designed to protect their interests.