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Research On The Mediation System Of The State Dispute Court

Posted on:2021-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:X F JiaFull Text:PDF
GTID:2416330620463794Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of society's economy and culture,citizens' awareness of protecting their rights has gradually increased,leading to an increasing number of family dispute cases.The type and number of family dispute cases continue to rise,prompting all sectors to resolve existing family dispute resolutions.Reflection,and court mediation plays a key role in solving family disputes.The harmony of the family is self-evident to the stability of the society.In civil disputes,family disputes are more special than other disputes.It is because of the special nature of family disputes.Therefore,his method of settlement is different from that of ordinary disputes.It is not necessary to have a trial result,so mediation may be a very good choice for family disputes.The family dispute court mediation system has been used in many countries(regions)around the world for a long time,and their system is relatively complete in China.The family dispute court mediation system is an important link in our country's judicial system that cannot be ignored.In 2016,various trial courts also explored the development of the family dispute court mediation system in the family trial reform.This article starts with an overview of the family dispute court mediation system,describes the characteristics of the family dispute mediation system,and finds the advantages and problems of their system from many countries and regions outside the region.It can be concluded that the problems and solutions for the mediation system of our country's dispute courts need to be perfect.In addition to the introduction,this article includes four parts.The first part mainly discusses the overview and scope of family dispute court mediation,and its functions are to prioritize the interests of minor children,repair and adjust interpersonal relationships,alleviate conflicts between laws and habits,and personalize dispute resolution.The family mediation system has many advantages over litigation procedures in resolving family disputes and the characteristics reflected in the application ofcourt mediation in family disputes.The second part elaborates the current situation of domestic family dispute court mediation in China and the more prominent problems.Through the existing legal provisions and concepts of domestic family mediation system,it clarifies the deficiencies of our country's domestic mediation system in legislation and the family dispute court.The concept of the mediation system remains to be improved.The third part introduces the relevant provisions of the family dispute court mediation system in extraterritorial civil law systems and common law countries and regions,and draws inspiration for improving our country's family dispute court mediation system,making our country's domestic dispute mediation system better and better.Development and improvement.In the fourth part,through in-depth analysis of many shortcomings in the current domestic dispute court mediation system,combined with China's judicial practice,the relevant methods and methods to improve our country's domestic court dispute mediation system are proposed,in order to accelerate the implementation of the domestic dispute court mediation system.
Keywords/Search Tags:Family disputes, Court mediation, Mediation procedures
PDF Full Text Request
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