Research On Court Mediation Of Family Disputes

For more than three decades,with the rapid economic development,reforms have entered deep-water areas,and China has also entered the period of social transformation and adjustment.[From the keynote speech of Xi Jinping at the Opening Ceremony of the G20 Industry and Commerce Branch.] 2016.The social relationship between people is also quietly undergoing unprecedented changes.As one of them,the most traditional and the most The changes in basic family relations are particularly evident and profound.Conflicts and disputes within the family due to various conflicts of interest are constantly escalating,and are increasingly complex and diverse.Whether family disputes can be properly resolved is directly related to the harmony and stability of the entire society and the country's long-term stability.The court mediation system is an important part of China's litigation system.As a unique way of resolving disputes,the court mediation system has strong Chinese characteristics and backgrounds and has been internationally known as the “Oriental experience”.Family disputes are intrinsically different from common civil disputes because of their ethical nature,their closeness to each other,their privacy,and their social nature,which are more applicable to court mediation and maintenance.A "flexible judicial mechanism" to restore interpersonal relationships between parties.The family dispute court mediation system,as a kind of diversified dispute resolution mechanism,is a system in which all parties negotiate to resolve disputes and terminate lawsuits under the auspices of judges.China's court mediation system shows that people-oriented and efficient and convenient solution to family disputes,safeguarding social harmony and other characteristics,but in the course of daily judicial practice,the implementation of the court mediation system has also become increasingly prominent problems,making the family disputes court mediation The function is hard to be fully and effectively played."Review and syncretize one","press and adjust","unknown","forced mediation","illegal mediation" and many other situations have frequently occurred in the mediation process.In the process of litigation,only a series of problems such as “conciliation” in the form of simple mediation,lack of procedures for court mediation,vague positioning of judgesin the process of mediation,inadequacy of competence,and unsatisfactory mediation of specialized family dispute court courts,etc.The criticism of legal theory and practice has not only impacted the final judgment,but also seriously weakened the judicial functions that the people's court originally had,and it is more likely to affect the credibility of the entire judicial system,making it impossible to truly exert its influence.The role of justice itself in resolving social conflicts and building a socialist harmonious society.This article is based on the various situations that have emerged in the judicial practice and the legislative status and problems faced by the mediation system of the National Dispute Settlement Court in China,combined with the issues involved in the trial work of the family trial reform carried out by the Supreme People's Court since 2016.The reform of the latest family disputes court mediation system,[see the Supreme People's Court's Opinions on the Implementation of Family Trial Methods and Work Mechanism Reform Pilot Work.and Try to give targeted improvement measures.This article is divided into five parts,taking the typical case of reality as an introduction,and gradually analyzing and revealing the hidden problems that may exist.The article introduced the overview,concept,and characteristics of family disputes,and the necessity of court disputes for family disputes.Highlighted the latest content of the civil dispute system court mediation system in extraterritorial civil law systems and common law countries and regions,and conducted a comparative analysis of family dispute court mediation systems in various countries and regions,thereby eliciting the establishment of a sound family dispute for China.The revelation of the court mediation system.The analysis and study of relevant legal systems in other countries is ultimately to improve our country's relevant legal systems.In the follow-up chapters,the current status of China's current family dispute court mediation and its outstanding issues are highlighted.Finally,through in-depth analysis of the many flaws in China's national dispute resolution court mediation system at the present stage,combined with our country's judicial practice,the author proposes ways and means to improve the mediation system of our country's disputes court,with a view to accelerating the family dispute court mediation system's implement.