Research On The Pretrial Mediation System Of Family Cases In China

Family mediation is an effective method to solve disputes in judicial procedure.It plays an important role in diverting litigation cases,reducing the pressure of court trial,improving judicial efficiency and easing social contradictions.At present,our country is in a period of social transformation,family contradictions occur frequently,a large number of disputes continue to pour into the court,making the court face enormous trial pressure.The Supreme People’s Court advocates the specialization of family trials and actively promotes the reform of the pre-litigation mediation system for family cases.Pre-litigation mediation system of family cases can improve the theory of family trial reform,enhance the professionalization of family case resolution,and achieve a good solution of family cases,etc.There are some deficiencies in the pre-litigation mediation of family cases,such as the lack of independent system basis,the lack of supporting system support,and the imperfection of the construction mechanism.By comparing the current mediation mechanism of family disputes with the related system abroad,this paper analyzes the optimization direction of the pre-litigation mediation system of family cases.Suggestions are put forward to improve the legislation of the pre-litigation mediation system for family cases,reform the supporting system for pre-litigation mediation for family cases,improve the construction mechanism of the subjects of pre-litigation mediation for family cases,etc.,so as to enhance the specialization of the settlement of family cases and achieve good social and judicial effects of pre-litigation mediation for family cases.