Study On The Docking Mechanism Of Litigation And Mediation In Family Disputes

With the change of people’s concept of marriage and love,the traditional family structure is gradually broken.And changes are often accompanied by more or less problems,especially in recent years,there are many disputes caused by blood relationship and marriage relationship,and the traditional litigation mechanism can no longer solve family disputes well.However,the introduction of litigation and mediation docking mechanism is undoubtedly a good choice to resolve family disputes,and it can also promote social harmony and promote the development process of China ruled by law to a certain extent.Therefore,in April 2016,the whole country set off a wave of reform of family trial methods and working mechanisms,and the idea of resolving disputes in multiple ways was recognized and respected by the judicial circles,and many pilot courts were opened,trying to actively explore more suitable ways to resolve family disputes by introducing the docking mechanism of litigation and mediation,so as to promote the orderly progress of the reform work and achieve good judicial and social effects.It is a successful attempt in judicial practice to introduce the docking mechanism of litigation and mediation in the process of resolving family disputes,which fully responds to people’s earnest expectation that family disputes can be properly resolved under the background of litigation explosion and the present situation of trial with too many cases and too few cases.In view of the strong kinship,obvious ethics and strong irrationality and secrecy of family disputes,the resolution of disputes is not as simple as meeting the demands of the parties,which should not only have a good effect of resolving disputes,but also pay attention to repairing family relations and pursuing "family harmony" and "everything is prosperous".The docking mechanism of litigation and mediation in family disputes has developed rapidly because it meets the expectations of the public and the requirements of judicial development.However,there are still some problems that need to be improved,such as inadequate legislation,unsmooth connection mechanism and lack of procedural standardization.Therefore,the author will analyze and discuss the "docking mechanism of litigation and mediation in family disputes" from the theoretical knowledge and practical development,find out the problems that need to be solved urgently,and put forward positive and feasible suggestions for these problems.The main body of this paper includes four chapters,and the general train of thought is as follows:Part one: A brief introduction to the related issues of people’s mediation and civil litigation.At first,it discusses the relationship between people’s mediation and civil litigation,which provides a theoretical basis for demonstrating the necessity of their connection.Then it discusses the relationship between people’s mediation and court mediation,and draws the conclusion that "the function of court mediation will be gradually weakened and eventually replaced by people’s mediation",which proves the view that "mediation" in this paper only refers to "people’s mediation".Then,starting from the basic theory of "family disputes" and "litigation-mediation docking",this paper discusses them in turn,and finally leads to the concept of litigation-mediation docking mechanism in family disputes.The second part explores and analyzes the current situation of litigation and mediation docking in current family disputes according to China’s national conditions and judicial practice.First of all,starting from the reasons,it is pointed out that the establishment of the docking mechanism of litigation and mediation is mainly due to the consideration of maintaining social harmony and stability and promoting the development process of diversified dispute resolution mechanisms.Then,from the theoretical point of view,this paper analyzes the necessity of the docking mechanism of family litigation and mediation,and explains the main reasons for adopting the docking mechanism of family disputes in China from two aspects: the limitations in solving family disputes by litigation and the advantages in solving family disputes by combining with people’s mediation,and paves the way for the following discussion.Finally,it mainly discusses the practical significance of the docking of family disputes in China from three dimensions: social level,parties’ perspective and judicial process.Secondly,from the practical level,examines the docking mechanism of family disputes.This part first combs out the legal basis of the different stages of the development of the docking mechanism of family disputes,and then summarizes the operation process of the current docking mechanism of family disputes in China,which is mainly demonstrated through the interaction between the judicial mechanism and the people’s mediation mechanism.Finally,from the docking procedure and docking effectiveness,this paper discusses the hidden dangers in the docking of litigation and mediation of family disputes in China,which lays the foundation for the follow-up suggestions.The third part,put forward some suggestions to improve the docking mechanism of family disputes in China.On the basis of combing and analyzing the foregoing,this part puts forward some suggestions,such as speeding up the legislative step,moderately separating the trial from the trial,defining the scope of family disputes,and enhancing the kinetic energy of relevant personnel.