Research On The Pre-procedure Of Family Dispute Mediation

With the rapid development of the economy and the growing awareness of citizens' rights protection,the number of family cases has increased dramatically,and the diversified family dispute resolution mechanism has received extensive attention.Family disputes are obviously different from traditional civil disputes.The most prominent feature is the blending of relatives' property attributes and property relations.Therefore,adopting traditional confrontational litigation is not conducive to properly solving family disputes.In contrast,mediation is flexible and soft.It has an advantage over litigation.The idea of constructing a mediation pre-procedure in the field of family disputes comes from the "Opinions of the People's Court on Further Deepening the Reform of Diversified Dispute Resolution Mechanisms" issued by the Supreme People's Court in 2016,and practical exploration conducts through pilot projects.However,the pilot units have presented many problems during their operation.So far,they have not been specifically regulated in legislation,nor have they formed a complete system of mediation procedures for family disputes.In view of this,this paper studies the shortcomings of the current legislation and reforms in China through the research methods of comparative analysis of domestic and foreign literatures,and draws on the relevant experiences of the pre-existing procedures on family disputes and mediation,and proposes the concept of solving problems in a targeted manner.In addition to the first chapter of the introduction and the conclusion of the seventh chapter,the text consists of five parts(Chapter 2 to Chapter 6).The first chapter introduces the research background data obtained from the research of the selected family dispute mediation procedure in this paper,and briefly expounds the research content,research methods,innovation points and so on.The second chapter analyzes the basic concepts in the pre-procedure of family dispute mediation,starting with the definition of family disputes,and then through the method of comparative analysis,the mediation pre-procedure is explained by the example of mediation,compulsory mediation and extraterritorial mediation.Compared with the similarities and differences of other similar programs,the basic concepts of pre-procedures in family dispute resolution are defined.This chapter also elaborates on the special functions of maintaining family affiliation,saving judicial resources,and maintaining social harmony in the pre-procedure of family dispute mediation.The third chapter focuses onexplaining the necessity of constructing a pre-procedure for family dispute resolution.By expounding the particularity of the nature of family disputes,this chapter examines whether the procedure caters to the litigation trend of “separation and separation” and whether the operation of the procedure conflicts with the requirements of case diversion under the registration system.The construction of the program is justified and feasible.The fourth chapter clarifies the lack of legislation and the current predicament of judicial practice after the pilot operation of the program.The fifth chapter seeks the reform direction and empirical materials that China can learn from the experience of many countries and regions outside the region.The sixth chapter focuses on the ideas and specific ideas for constructing the pre-procedure of family disputes,including filling the gaps in legislation,ensuring the orderly and efficient operation of procedures,setting up special mediation organizations,selecting professional mediators,and improving mediation skills.And so on,in order to maximize the program within a limited scope.The seventh chapter summarizes the whole article.