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Research On The Family Mediation Attached To The Court System

Posted on:2020-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
GTID:2416330596980602Subject:Procedural Law
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The court's ancillary family mediation is specially set up for family dispute cases.The court's ancillary mediation organization serves as the host and receives guidance from the court to resolve the family dispute litigation preliminary procedure before filing the case.The family mediation system attached to the court combines the court's mediation with professional litigation outside forces.On the one hand,the family mediation procedure is placed before litigation,and the mediation and trial procedures are separated,so that the family judge has more energy to focus on the case trial.On the other hand,the introduction of professional family mediators to build an integrated team for their selection,training and assessment,so as to carry out mediation in accordance with the mediation procedures that meet the characteristics of family disputes,is of great significance for solving the large number and various types of family disputes in China.Based on the interpretation of the nature and theoretical basis of the court's attached family mediation system,this paper investigates and summarizes the different nature of the court's attached family mediation system,and puts forward the idea of constructing the court's attached family mediation system based on the practical operation of the pilot courts in China.Besides the introduction and conclusion,this paper is divided into the following four chapters:Chapter one,a theoretical interpretation of the system of family mediation attached to the Court.This chapter is intended to address what the court's ancillary family mediation system is and why.First of all,starting from the two aspects of mediation type and mediation object,the nature of the system is positioned on the basis of understanding its connotation,namely mandatory and preposition,and then the three characteristics of the system are summarized.Then,by analyzing the theoretical basis of the system,the principle of proportionality of procedures and the judicial idea of consultation determine that family dispute should be first applied in mediation procedure,while the idea of proper separation of mediation and judicial socialization decides that the family mediation institution attached to the court should be established.Finally,three functions of the system are revealed,which are beneficial to the protection of minor children,to the repair of strained interpersonal relations,and to the promotion of the parties to consciously fulfill the agreement.Chapter two,an investigation and inspiration of the family mediation system attached to the court outside the region.This chapter court outside the family mediation system can be divided into judicial countries of Anglo-American law system and continental law countries(regions)that is not of the judicial,were selected,Taiwan,Australia,New Zealand and Japan as the research object,the object to mediation,mediation program,mediation subject such order court of these countries(regions)is presented in the family mediation system.Finally,a summary of the four on the basis of the similarities and differences of extraterritorial family mediation system in our country should grasp the basic concept,on the basis of innovation for this system,namely the appropriate separation process of family mediation and trial process,perfect the family mediation subject professional training mechanism,set up the correct concept of family mediation.Chapter three,the present situation and problems of the family mediation system attached to Chinese courts.Firstly,the existing normative documents about the court's attached family mediation system are sorted out,and introduce the background and development process of the system's operation in China.Subsequently,10 pilot court as samples,to collect data on the court the family mediation system,in front of conciliation,mediation case the scope of accepting the selection,mediation personnel process such order to summary classification,and on the basis of analysis about it for the family at present,the pilot court mediation system exist the following problems: the practice of front mediation case specific scope is not clear,lack of the application of cohesion between mediation and the referee team lack of professional training,support,mediation mediation legislation idea be utilitarian and treat mediation main body examination system is not scientific.Chapter four,constructing the family mediation system attached to the court in our country.In view of the existing problems of the pilot courts mentioned in Chapter III,this chapter puts forward specific ideas on the establishment of family mediation system attached to the courts in China,which are divided into three parts: the allocation of mediators,the object of mediation and the norms of mediation procedures.In the first part,the most important roles in the family mediation procedure are specified in five aspects: qualification,role orientation,professional training,case selection and assessment criteria.The second part is to determine what family disputes can be mediated and what family disputes can not be mediated from the object.Finally,after clarifying the subject and object of mediation,the author explains in detail how to launch the whole mediation procedure,including how to start,how to distinguish the mediation process from ordinary civil and commercial mediation,and how mediation can not be connected with the adjudication procedure.
Keywords/Search Tags:Family mediation, Mediation by the court, Procedural interface, Specialized culture
PDF Full Text Request
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