Research On The Improvement Of Family Mediation System In China

China is an ancient civilization country with a long history of five thousands years.In the process of the long history and continuous development of Chinese culture,people's ideas have changed dramatically,but their cognition of "home" has never changed.As the saying gose "the whole country is the foundation of the world,and the country is the foundation of the country".All of these sayings show that "family",as a "warm harbor" and "consolation of the soul",plays a role in promoting the development of personal life,social progress and the prosperity of the country.In the 21 st century,with the change of the world situation,the integration of world culture,the change of society and the transformation of ideas,there are many new situations in marriage and family.The number of family cases is growing,the divorce rate is rising,and the physical and mental health problems of teenagers are becoming increasingly prominent,which makes the exploration of family trial reform become particularly important.On April 21,2016,the Supreme People's Court selected 115 courts nationwide to carry out the pilot work of family trial reform for two years,thus the pilot work of family trial reform began.Family litigation includes the litigation of the rights and obligations of a person's identity,including the cases of marriage,parent-child and adoption.Family disputes are not used in other common civil disputes.The ethical and privacy characteristics of family disputes determine that the trial of family cases can not be simply applied to their civil cases.Mediation,as an important part of China's litigation system and an important way of diversified dispute resolution mechanism,is very popular in solving family disputes and resolving family conflicts.In the pilot process,in terms of institutional innovation,the pilot court actively explored family counseling,family investigation,pre litigation mediation and post filing visits,and achieved good results.Local courts have launched a series of effective new mediation methods to adapt to the development trend of modern society and accepted by the masses of the people,which provides a solid foundation and strong guarantee for the improvement and improvement of family trial work,innovation of mediation system and effective resolution of family disputes.This article is written under the background of family trial reform.It is divided into four parts.First of all,the definition and characteristics of family disputes are analyzed,and the advantages of mediation in solving family disputes are summarized.Secondly,it mainly introduces the latest contents of the family mediation system in the countries and regions of the civil law system and the common law system,and sums up the references,and makes a comparative analysis of the family mediation system in various countries and regions,so as to draw its enlightenment for the establishment and improvement of the family mediation system in China.Finally,through the in-depth analysis of China's domestic dispute mediation system at this stage of many deficiencies,combined with China's judicial practice,put forward to improve China's domestic mediation system related ways and methods,in order to speed up the implementation of the family mediation system.