Research on the Mediation of Divorce Litigation
|Keywords||Divorce Dispute Mediation Techniques and Methods Property Division|
The lawsuit mediation has a long history, is more suitable for Chinese nationalconditions. Chinese traditional culture advocating reconciliation, advocate"harmony", mediation system in our country society has deep ethical foundation andcultural background. Litigation mediation helps in bigger range, wider field topromote unity among the people, the social stability. In our family dispute cases ofcivil and commercial cases accounted for more than half of the total, the trial ofcases of initiative, the people’s courts will take the initiative. In recent years thelawsuit appeal cases increased, influence society harmonious stable factor increase,the problem with this type of dispute have very close relationship. The people’s courthearing the case, especially in the trial of civil and commercial case using thejudicial mediation of disputes, resolve contradictions, is advantageous in biggerrange, wider field to maintain social stability.This research is based on the author in trial practice encountered related casesand experience as the main line, to explore in real life may encounter legal problemsand the application of law, and the relevant legal angle put forward some solutions.The paper consists of three parts:The first part is our divorce dispute the main types and characteristics of. Thefirst part of the real life in the several main reasons for divorce as the core, a detailedclassification, with several court cases related to data as the basis, in the author’sreorganization, summarizes relevant treatment methods for the third part of thispaper, provide corresponding foundation. Secondly, this part mainly according to thenew situation, the analysis of actual cases, summarizes contemporary divorcedisputes corresponding characteristics, in the Institute of statistical data to beextracted after finishing, will be the era of rapid development of new features to haveencountered related case combination, summed up with the times and with thepredictive nature of the case characteristics of. The part of the whole of the new case that appears in practice summary and research, to stand trial line judge angle relatedissues, in order to build a harmonious society as an important starting point.The second part is the mediation of divorce proceedings the significance andbasic principles. Judicial trial practice, more and more attention to the role ofmediation in the program, one hand is because mediation helps to promote harmony,reducing the appeal cases, on the other hand is on trial resources one of the mosteffective conservation. The contents of this section is elaborated in detail themediation in marriage and family cases important role, as well as the noticeablesocial significance. Under the new situation of mediation sense of profoundunderstanding, is the case of maximum extent to mediate the premise. In addition, inas much as possible mediators of at the same time, also not unprincipled compromise,court proceedings mediation, is not a simple interest balance and compromise, but inline with the provisions of the law and not violating the prohibitive provisions of lawon the premise of rights of litigant punishment, therefore, to divorce disputemediation principles of correctly understanding, will dissolve the contradictionsamong the people is the best protection.The third part of this part of the thesis is heavy, also is the divorce disputemediation techniques and methods. The first two parts are in this part of the contentsof two. In the trial practice, ultimately comes down to specific cases pending, a caseof final trend and parties to the result of the case acceptance is the correct evaluationof the legal significance and the social significance of the final standards. Truly thecase is finalized, will in legal business, state of mind is active coping, with existingexperience to more efficient solving practice problems. Summarize the types ofcases, the parties of different mentality and attitude as well as special cases, and putsforward some suggestions on related problems.