Research On The Family Arbitration

Mainly choosing litigation to solve family disputes is not a proper way in recent years,because the caseloads,types and complexities of family disputes are increasing.In order to promote the settlement of family disputes more in line with the needs of clients and the diversified development of family dispute resolution mechanisms,this paper analyzes the nature of family disputes,introduces the family arbitration which is a way to resolve family disputes abroad but not exists in China,and then demonstrates the necessity and feasibility of establishing the family arbitration procedure in China,finally puts forward the basic plan of establishing the family arbitration procedure in China.The main text contains the following four parts:Part One: the connotation of the family arbitration procedure and the basic standpoints of the two legal systems.Family arbitration procedure refers to the application of arbitration to solve family disputes.Because family disputes are closely related with personal relationships,both civil law system and common law system in the tradition are prohibit such way.With the changes of the thinking in handling family disputes,some countries in the civil law system have started to permit family arbitration procedure,and many countries in the common law system have set up a complete family arbitration procedurePart Two: the basic form of extraterritorial family arbitration procedure.The family arbitration is a procedure that challenges the traditional family dispute resolution mechanism,and the exploration to this way is mainly starts from the common law system,so this part focuses on the background of family arbitration and how it works in the United States,Australia,Canada and the United Kingdom,that demonstrates a basic line of family arbitration.Part Three: the necessity and feasibility of establishing family arbitration procedure in China.This part starts with analyzing the shortages of current rules and practice status of China's family dispute resolution mechanism,and the advantages of use family arbitration,then concludes it is necessary to introduce family arbitration procedure in China.The next this part researches on the background changes of family disputes,the expansions and developments of traditional arbitration procedures,the developments of extraterritorial family dispute resolution mechanisms and the reforms of China's family justice procedures,thendraws a conclusion that the establishment of family arbitration procedures in China is theoretically and practically feasible.Part Four: the basic plan of establishing the family arbitration procedure in China.This part puts forward suggestions on establishing the procedure of family arbitration in China both from macroscopic and microcosmic aspects.Firstly it suggests the family arbitration procedure should be located in common arbitration,just like the commercial arbitration.Then demonstrates the purpose and the basic principles of the procedure.Finally focuses on the details,such as legitimacy,scope,institution,start,rule,tribunal,award and the convergence with mediation.