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The Research Of Diversified Dispute Settlement Mechanism On Family Trials In China

Posted on:2020-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhangFull Text:PDF
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With the continuous development of social economy,judicial reform is advancing to the deep field.As a result of the diversification of social interests and conflicts,the diversification of social subject relations,and the diversification of values and cultural traditions,it is inevitable to require the diversification of dispute resolution methods.In this context,people's concept of marriage and family is constantly updated.In recent years,the number of family cases has been increasing obviously,and the contradictions are becoming more and more complex.Therefore,it is more necessary to "customize" family disputes to resolve family disputes.On April 21,2016,the "opinions of the supreme people's court on the reform of the mode and working mechanism of family trials" was promulgated and implemented,which kicked off the reform of the diversified dispute settlement mechanism of family trials in China.The establishment of a diversified dispute settlement mechanism for family trials is necessary to adapt to the characteristics of family trials and the current situation of family trials.This text is divided into five parts:The first part is about the present situation of family affairs trial and the function of introducing diversified dispute settlement mechanism.This part summarizes the scope and characteristics of family trials in China,analyzes the predicament of family trials in China,and the necessity of introducing diversified dispute resolution mechanism into family trials in China.The second part is the practical investigation of the diversified dispute settlement mechanism of family trials in China.This part makes an empirical analysis through the pre-litigation and litigation divorce of a basic court in a city of anhui province,and summarizes the relevant experience in process connection and mechanism innovation of the diversified dispute settlement mechanism of family trial in China.The third part is to summarize the problems existing in the diversified dispute settlement mechanism of family trials in China,that is,there are problems such as insufficient guarantee of material personnel,insufficient ideological awareness,lack of professional institutions and procedures,unreasonable fees collection,and insufficient interaction between social participation departments.The fourth part is the experience of diversified dispute settlement mechanism in foreign family trials.This part by looking at outside the experiences of the family trial diversified dispute settlement mechanism in practice,such as play a mediation role in the diversified dispute solution mechanism,establish a "family court","family court",the diversified dispute solution mechanism of institutionalized,and exert costs "leverage" and so on,for the diversified dispute solution mechanism in our country to provide reference for the development and perfection.In the fifth part,the Suggestions on how to improve the mechanism of diversified dispute settlement in family trials.Light of the defects in the legislation and practice,and puts forward corresponding perfecting suggestion: such as "e" mediation,specification of multiple dispute resolution mechanism of fee charging standard,establish and improve the incentive mechanism,litigation costs increase the pluralistic mediation professionals,architecture court with basic ZongZhi departments,administrative organs,social organizations between the linkage.
Keywords/Search Tags:family trial, Diversified dispute resolution mechanism, Judicial practice, Perfect suggestion
PDF Full Text Request
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