Construction Of Professional Family Mediation System In China

Family cases are different from the general civil cases,which have the characteristics of identity,emotion,private interest and public interest.In addition to resolving property disputes,we should also consider the restoration of the broken emotions and the maintenance of good relations.Besides the adjustment of marriage and family order,it is also related to the protection of the interests of vulnerable groups.Due to its mild and therapeutic nature,family mediation has unique advantages in solving family disputes and has been favored by many countries in the world.However,for a long time,China has not deeply recognized the characteristics of family disputes.The settlement mechanism of family cases is not distinguished from other civil cases.The provisions on family mediation are only scattered in the Civil Procedure Law,the Marriage Law and other laws.In the individual clauses of judicial interpretation,there is no special family mediation procedure,the mediation entity lacks professionalism,and the family case handling effect is not good.In the new round of family trial reform in China,due to the addition of new functions of family trials to repair family relations,local courts have devoted a lot of emphasis on family mediation,and made reforms and explorations in terms of ideas,procedures,personnel and institutions,and achieved certain results.However,there are still some difficulties and obstacles such as insufficient legal basis for reform measures and non-standardization of mediator qualifications.Based on the summary and analysis of the current situation of family mediation reform in China,this paper puts forward some legal ideas of family mediation system in line with China's national conditions from the selection of legislative mode,the design of mediation procedures,the qualification and management of mediators to supporting measures,in order to provide some ideas for the construction of professional family mediation system in China.