Research On Family Mediation System Under The Background Of Family Trial Reform

The Civil Procedure Law of our country does not clearly stipulate the family mediation system,and the court has great differences in the application mode of family mediation in the reform of family trial.The reform of family trial began with the "opinions on the pilot reform of family trial mode and working mechanism"issued by the Supreme People's court in 2016,and the "opinions on deepening the reform of family trial" in 2018.These two judicial interpretations only stipulate family mediation from the macro level,but there are no perfect procedural rules,which is not conducive to the use of judicial practice.Family mediation is the product of specialization and socialization of legal research in recent years.It has a profound legal history and legal foundation in China.At present,there is no consensus on the concept of family mediation in the field of civil procedure law in China.In a broad sense,family mediation also includes mediation outside the court,while in a narrow sense,family mediation refers to court mediation.The author adopts a narrow concept,focusing on the court's mediation of family disputes.Starting from the basic theory of family mediation system,this paper explores the operation status and difficulties of family mediation in the context of family trial,and from the perspective of comparative law,makes an investigation and reference on the family mediation system of foreign countries,and finally puts forward feasible suggestions for improving China's family mediation system.In addition to the introduction and conclusion,this paper is divided into four chapters:The first chapter is the basic theoretical analysis of family mediation system.This chapter analyzes the concept of family mediation system and the discrimination of similar concepts,so as to clarify the connotation of family mediation and highlight the characteristics of family mediation.This paper redefines the function of family mediation system from three aspects:repairing family interpersonal relationship,protecting minors' interests and realizing family substantive justice.Finally,it explores the legal basis of the application of family mediation system.The second chapter explores the problems of family mediation system in China.This chapter focuses on the judicial practice of family mediation under the background of family trial reform,and systematically combs the relevant reform legal norms.This paper discusses the system dilemma of family mediation in China from five aspects:special legislation,subject qualification,scope of application,operation procedure and supporting system.The third chapter is a comparative study of family mediation system.The idea of this chapter is to take the problems existing in China's family mediation system in the second chapter,in the perspective of comparative law,through the investigation of the legislation of family mediation system in Germany and Japan,to provide important enlightenment and direction for improving China's family mediation system.The fourth chapter is the concrete conception of perfecting our country's family mediation system.In view of the problems existing in China's family mediation system,this chapter draws on the legislative experience of foreign countries,and based on the judicial situation of our country,puts forward specific suggestions for improvement.First of all,on the basis of changing the traditional result oriented concept of Mediation Legislation,we should formulate the mediation legal norms independent of family trial;second,we should adopt the court attached mediation mode to regulate the subject qualification of family mediation;then,we should clarify the scope of application of family mediation from the Perspective of legislative technology and judicial practice;third,we should standardize the operation procedure of family mediation and improve family mediation;Finally,from the family investigator system and family evaluation intervention social cooperation two aspects to improve the family mediation supporting system.The author hopes to build a family mediation system with Chinese characteristics to respond to social concerns,so as to truly end the case and maintain the harmony of individual families and the stability of grassroots society.On the one hand,the research of family mediation system is to cooperate with the reform process of family trial and promote the practical development of judicial practice;On the other hand,it arouses the interest of the academic circle of civil procedure law in the theoretical research of family mediation system,and promotes the special legislation of family litigation.