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Discussion On The Improvement Of The Court Mediation System On Family Disputes In China

Posted on:2021-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:W F FanFull Text:PDF
GTID:2416330620463355Subject:legal
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The mediation system of family dispute court has many years of historical tradition,and is endowed with new connotation by the new vitality of family trial reform,which will play a greater role in the settlement of family dispute.Therefore,it is necessary to analyze the court mediation system of family disputes in a new context.This paper is divided into three parts: the first part is the status quo of the court mediation system of family disputes in China.In China,the two-year pilot reform of family trial mode and working mechanism,as well as the subsequent deepening of the reform of family trial mode and working mechanism,all provide a lot of valuable experience for the innovation of traditional concepts and the exploration of new proceedings.In the process of promoting reform,the court mediation of family disputes in China has gradually formed a "warm,cooperative and professional" working mode,established a "family oriented" mediation place,multi department cooperation and multi field collaborative breakthrough.People's courts at all levels have set up a family mediation Working Committee,and formed a "three member" work of family investigators,family mediators and psychological mediators As a team,we have achieved remarkable results.The second part is a comparative study of the court mediation system of family disputes.In this part,the author analyzes and compares the legislative change process,existing system framework,characteristics and references of family affairs in Germany,Japan,Australia and Taiwan,and concludes that the overall development trend of family affairs court mediation system is: to implement the principle of maximizing the interests of minors,to establish a special family trial institution or family affairs mediation organization We should pay attention to procedural guarantee and expect to learn from it.The third part is about the problems existing in the court mediation system of family disputes in China.Based on the promotion of family trial reform inrecent years,China's family dispute court mediation system tends to be mature,and the effect is gradually highlighted.However,due to the lack of relevant institutions and independent legislation,the court mediation procedure of family disputes in China has not achieved independence,the family mediation organization has not achieved specialization,and the pursuit of the settlement rate leads to the lack of detailed implementation of mediation work,which does not give full play to the advantages of the court mediation system in China.It can be said that although there is development,there is still a big gap with improvement.We need to take scientific and reasonable measures to improve on the basis of the current achievements.Specifically,first of all,we should improve the legislation and establish independent family mediation procedures;second,we should strive to achieve the specialization of mediation institutions and mediators;finally,we should pay attention to the use of artificial intelligence and other technical means to improve family mediation facilities.
Keywords/Search Tags:Family disputes, Court mediation, Specialization
PDF Full Text Request
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