Research On Family Mediation System In The Background Of Family Judicial Reform

The specialization of the family mediation system has long been established in various countries(regions)in the world.In recent years,China's emphasis on the construction of the family trial system has also been continuously improved.The family mediation system is a pivotal part of the family trial system and was launched in 2016.The trial courts in the family trial reform also actively explored the establishment of the family mediation system.This article studies the basic theory of the family mediation system,the analysis of the status quo of our country mediation system,the study of the extraterritorial family mediation system,and studies these aspects of the family mediation system.Finally,it proposes the concept of building a national mediation system in order to be able to The current family trial reforms are beneficial and complete.This article is divided into four parts,about 25,000 words.The first part introduces the basic theory of the family mediation system.First,the concept of family mediation is briefly explained and its meaning for family disputes is explained.Secondly,the characteristics of family mediation were specifically introduced.Because family mediation has the ability to better resolve emotional disputes in family disputes,the mediation process is more authoritarian,and the party's own participation is emphasized,the family mediation system is used to resolve family disputes.There are many advantages over litigation procedures.Again,the classification of family mediation was introduced,which laid a foundation for the construction of the family mediation system.This section finally introduces the function of family mediation.Family mediation has the functions of improving the efficiency of family dispute resolution,protecting the interests of vulnerable groups,repairing kinship relations,and agreeing between the law of reason.These functions establish a special system for the reform of family trials.The family mediation system provides theoretical support.The second part introduces the current state of our country's mediation system.First of all,it introduces the existing legal provisions and concepts of our national mediation system,and shows that our country's mediation system is inadequate in legislation,and the concept of family mediation system needs to be improved.Secondly,it analyzes the measures for family mediation in the reform of family trials opened in 2016 in China,and reflects on the effectiveness and problems of the reforms,with a view to continuously improving and improving the theory on the basis of practice.The third part introduced the family mediation system in typical countries outside the region,including Japan,France,and Taiwan regions of civil law countries(regions),Australia,Britain,and Hong Kong of the Anglo-American law countries(regions).The characteristics and advantages of the national and regional family mediation system provide a useful reference for the construction of our national mediation system.The fourth part elaborates on the concept of the construction of our country's mediation system,including the construction of family mediation procedures,family mediation departments,and family mediation personnel,and proposes relevant concrete measures,including the appointment of family investigators and the establishment of a sound juvenile.Protection of rights and interests,improvement of diversified mediation channels,and improvement of relevant assessment mechanisms.This section is based on the experience of China's national trial reforms,and draws on advanced foreign concepts and systems,and strives to provide effective suggestions for the conception of our country's mediation system.This paper adopts a combination of empirical research and comparative research.First,the trial of the Supreme Court's family trials has been going on for a year.Its operational status is worth studying.This paper analyzes the results of the reform and proposes a combination of relevant pilot summary reports and microscopic cases.Related improvement measures.Secondly,this article takes the family mediation system in the judicial practice of two typical legal systems countries as a reference to find out its characteristics and merits,and provides a concrete reference for the construction of our national mediation system.This is also the innovation of this article.