Research On The Pre-mediation Of Family Litigation

This paper mainly studies and analyzes the pre-mediation system in the current family trial reform.At present,China has not established the pre-mediation system for family dispute litigation,but it has been explored and piloted in judicial practice.The main problems reflected in practice are: the low rate of mediation appointment,the unsatisfactory mediation effect,the unclear mediation agreement and so on.The author thinks that the main reason for the dissimilation of mediation function is that the system has no clear conclusion in both legislation and theory,and the pilot courts can only cross the river by feeling the stones.In the aspect of entity,the subject of mediation is chaotic,the scope of mediation is vague,and the principle of mediation is not clear.The disunity in judicature not only makes it difficult to guarantee the quality and efficiency of mediation,b ut also damages the credibility of judicature,causing the above problems.In view of this,this paper analyzes the preposition system of family dispute litigation mediation in practice and theory from two aspects of procedure and entity,in order to improve judicial practice and put forward feasible Suggestions for legislative construction.Firstly,in terms of procedure,this paper tends to put mediation before prosecution,and no prosecution without mediation.Since the time is before the prosecution,the court can only appoint mediation instead of entrusting it.Therefore,if the mediation is successful and a mediation agreement is reached,the court will grant judicial effect after a procedural review.If it fails,the case is immediately filed for trial.O n the substantive side,since the mediation agreement is only subject to formal review,the mediation mode of "court +" should be established,the system of special invitation mediation should be improved,and the role of administrative mediation in family mediation should be emphasized.Finally,the scope and principles of mediation are defined.