The Study For The Docking Letigation And Conciliation Of Family Disputes

In recent years,the proportion of family disputes in civil disputes has been very high.Coupled with the particularity of family disputes,the solution to the traditional civil disputes has great limitations in solving family disputes.Such issues have also been highly valued by the Supreme People's Court.Therefore,in April 2016,the Supreme Law issued a notice to carry out a pilot reform of the family trial nationwide.In practice,many trials for the reform of family trials have established the docking litigation and conciliation of family disputes.Around the issue of family disputes,this paper discusses the topic from the following four aspects.First,an overview of the docking litigation and conciliation of family disputes.Including the interpretation of the meaning of the docking litigation and conciliation of family disputes,and its current status in practice,and then analyzed its theoretical basis,dynamic judicial theory and diversified dispute resolution theory,and finally pointed out the use of docking litigation and conciliation to solve family disputes.Practical significance.Secondly,it mainly discusses the problems existing in the practice of the docking litigation and conciliation of family disputes.Including the problems in the docking process,the problems in the family dispute conciliation organization and personnel,the lack of overall linkage and the lack of docking procedures to protect the interests of minors.Thirdly,it is mainly a comparative study and summary of advanced countries and regions.It includes the representative countries of the common law system in the United States,the representative countries in the civil law system of Germany and Japan,and Australia,which places special emphasis on family dispute resolution,And Taiwan region of China.Fourth,through the comparative study of advanced countries and regions,proposals have been made to improve the matching of China's national disputes.Including perfecting docking procedures,classifying family disputes according to suitability for conciliation,prescribing principle for mediation of family disputes,and fine-tuning docking procedure;then,it is to improve the conciliation organization and personnel of the docking litigation and conciliation of family disputes.An access mechanism was set up to standardize its duty of obligations.Next,it was necessary to strengthen the protection of the interests of minors in the docking process.Finally,it was to increase overall linkages,including increasing the enthusiasm of the private sector to participate in docking,and establishing supervision mechanisms.Improve the material security mechanism.