Researches On The Diversified Settlement Mechanism Of Family Disputes

The report of the 20 th National Congress of the Communist Party of China has proposed to complete the social governance system,improve the social governance system of joint construction,governance and sharing,promote the efficiency of social governance,and build a social governance community where everyone is responsible,everyone fulfils their responsibilities,and everyone enjoys it.As the most basic interpersonal relationship,handling family disputes is one of the key issues in current social governance.Family disputes refer to various family conflicts arising from disputes over identity or property between relatives who have fixed family identities and titles due to marriage,consanguinity,and legal fictitious relationships,including divorce,parent-child relationship,cohabitation relationship,Inheritance etc.Driven by rapid economic development,the concepts of marriage and family are constantly being innovated,which has a certain impact on family disputes.The number of family disputes is large and involves a wide range.In practice,many family disputes lack timely and efficient solutions.From daily small conflicts to the intense stage,from civil cases to criminal cases,it not only has a negative impact on the family and society but also caused an irreparable tragic situation.Therefore,the prevention and resolution of family disputes is an important way to create a civilized family tradition and stabilize social order.In the current severe situation of family disputes,the introduction of a diversified dispute resolution mechanism will play an inestimable role.It can not only make up for the limitations of the litigation mechanism but also realize the urgent needs of the people for diversified dispute resolution.So,what is included in the diversified resolution mechanism for family disputes? In what ways does it reflect the particularity of family disputes? And does it still have some areas that need to be perfected and improved? Focusing on the above-mentioned problems,this paper makes a profound reflection on the current diversified settlement mechanism of family disputes.This article is divided into five chapters.The introduction part starts from the selected topic of the article,and systematically sorts out the research background and research significance;secondly,it analyzes the research status of this issue at home and abroad;thirdly,it discusses the main research ideas and methods of this article;finally,it points out the innovation of this article Points and deficiencies.The first chapter is about the basic theory of family disputes.First,it analyzes the concept of family disputes and classifies them to lay the foundation for the following;second,it summarizes the characteristics of family disputes,including complexity,privacy,personality,continuity and sociality;finally,it systematically demonstrates the Current status of family disputes.The second chapter is about the content and necessity of the diversified settlement mechanism of family disputes.First of all,this paper points out that the multiple settlement mechanisms of family disputes include litigation mechanism,judicial mediation mechanism,administrative mediation mechanism and civil mediation mechanism.Secondly,combined with the overall requirements of the party and the country since the new era,it is pointed out that the establishment of a multi-family dispute resolution mechanism will help promote the modernization of the national governance system and governance capabilities;make up for the shortcomings of the traditional family litigation mechanism;satisfy the people’s growing needs while solving judicial resources.Diversified dispute resolution needs.The third chapter is about the problems existing in the diversified settlement mechanism of family disputes.First of all,in the litigation mechanism,there are problems such as the scope is difficult to define;the litigation procedure is not clear;Secondly,in the judicial mediation mechanism,there are problems of narrow application scope and low professionalism of pre-litigation mediation in family disputes.Thirdly,in the administrative mediation mechanism,there are problems such as ignoring the legitimate interests of the parties involved in family disputes.However,in the non-governmental mediation mechanism,there are problems of low recognition and narrow mediation channels.Finally,it conducts targeted research and analysis based on the problems existing in various mechanisms and the connection of mechanisms in the current diversified settlement mechanism of family disputes.The fourth chapter is about the comparative law analysis of the multiple settlement mechanism of family disputes.By analyzing the innovations in the family dispute resolution mechanism in Germany,Japan,and the United States,it provides important references for the improvement of my country’s family dispute resolution mechanism,including flexible use of social resources,strengthening inter-departmental linkage and professionalism of mediators,etc.The fifth chapter is about the improvement of the diversified settlement mechanism of family disputes.Specifically,it includes: promoting the formulation of the Family Litigation Law and strengthening the power of judges;expanding the scope of application of family dispute mediation and improving the professional level of judicial mediation in family disputes;guiding the linkage mechanism of multiple departments in administrative mediation;The authority and recognition of private mediation;establish a pre-registration system for family disputes;strengthen the determination of judicial confirmation in administrative mediation;improve the connection mechanism between litigation and mediation and between non-litigation mechanisms.