Study On The Family Mediation In China

China has been known as a major country of mediation by the outside world.Mediation is also called "oriental experience." Historically,mediation has been used as a common means of dealing with all kinds of disputes in people's daily life.Compared with ordinary civil disputes,family disputes have obvious personal relationships and strong emotional relations.And these characteristics determine that mediation is the best way to resolve family disputes.In recent years,with the changes in family structure and the enhancement of family members' awareness of rights protection,lots of family disputes have occurred.The judicial resources of the courts are becoming more and more tense,and the situation of "more cases and fewer people" is also forcing the court to change the system of the mediation and litigation procedure.How to understand and use the mediation in the field of family affairs and how to construct the family mediation system has become an important topic in the field of legal theory and practice.With the advancement of family trial reform,family mediation have appeared continuous innovation in theory and practice.The form is more diverse,the system norms are more sound.However,there are still many disadvantages in the development of the family system,because our country has not yet constructed an independent family mediation system.The relevant concepts and rules of family mediation only appear sporadically in the documents such as laws,regulations andjudicial interpretation.And in practice,there are still misunderstandings and institutional obstacles in the innovative practices related to the family mediation system,the lack of professionalism of family mediators,and there are no systematic provisions on mediation rules.On the contrary,some western countries have made great progress in theoretical research,and we can absorb and draw lessons from the useful results.According to the actual needs of the development of our country to carry out the development and construction of localization,trying to provide theoretical and practical reference for the legislation and reform related to the family mediation system in our country.Therefore,this paper mainly focuses on the family mediation system which is mainly divided into four chapters:The first chapter is an overview of family mediation system.This chapter is divided into four sections: the first section introduces the basic concept of family mediation from different research angles.Through the research and comparison of different concepts,puts forward a new definition of "therapeutic family mediation";the second section mainly introduces the scope of family mediation.The aim is to clarify the scope of family disputes and introduce the characteristics of family dispute;the third section mainly introduces the characteristics of family mediation from three aspects: the means of mediation,the purpose of mediation and the principles of mediation;The fourth section mainly discusses the advantages of mediation in the field of family affairs.The second chapter is the general situation of the legislation and practice of family mediation system in our country.This chapter is divided into four sections: the first section mainly introduces the general situation of the legislation of the family mediation system,which leads to the shortcomings and shortcomings of the current legislation;the second section starts from the current situation of the practice of family mediation in our country.This paper analyzes and compares “three roads of family mediation”;the third section summarizes the effectiveness of the judicial reform of the family mediation system in our country,and introduces several important developments;the fourth section starts from the existing problems of thefamily mediation system,points out the shortcomings in the construction of the procedure,the preposition of mediation,mediation assistance,the effectiveness of the mediation agreement,the protection of the interests of minors.The third chapter is the experience of extraterritorial family mediation system for reference.This chapter is divided into six sections: the first section introduces the family mediation system in Hong Kong,highlighting the professional family mediation services outside the courts and the "voluntary referral" mediation mechanism in the courts;the second section introduces the family mediation system in Taiwan focusing on the mediation pre-positionism,the establishment of the family mediation committee,and the setting of the program supervisor;the third section introduces the experience of family mediation in Japan.It is introduced from three aspects: the preposition of mediation,family investigation officer and procedural agents.The fourth section introduces the principle of family mediation in the United States and the parent education system,court-attached mediation and specialized agency mediation;the fifth section introduces the new developments in the field of family mediation in Australia.It has neutral mediators and diversified family mediation services and stipulates the principle of confidentiality of mediation;the sixth section compares the family mediation system of the above countries and regions.The fourth chapter is about the localization perfection and construction of the family mediation system.This chapter is divided into six sections: the first section proposes the establishment of the Pre-trial mediation;the second section discusses the construction of the court's attached mediation mode;the third section mainly discusses the selection mechanism of the family "three members",regulating their qualification access,education and training,and exit mechanism.The fourth section discusses the start-up phase,preparation phase,progress phase,end phase and subsequent phase of mediation failure of the family mediation process.The fifth section clarifies the effectiveness of the family mediation agreement;the sixth section starts from the perspective of protecting the rights and interests of minors,and proposes to establish a procedure supervisor,improving the children's opinions andlisten system,realizing the mutual assistance of the "one supervisor and three members",and implement the return visit mechanism of the case.