On The Legal Of False Mediation In Divorce Proceedings

In recent years, the frequent occurrences of false mediation have obstructed judicialjustice, have wasted judicial resources. Theory and practice circle have given great attentionof false mediation. False mediation in divorce proceeding is a type of false litigation, researchon the legal regulation of false mediation in divorce proceedings is detailed research onfrequent false litigation. Because of the benefits of the infection, the intensification ofcontradictions and the loss of faith, cases of false mediation in divorce proceeding areemerging. The specialty of divorce proceeding have made the identification, prevention,regulation of false mediation in divorce proceedings more difficult than other types of falselitigation. The title of this paper is “on the legal of false mediation in divorce proceedings”,this paper have analyzed the essential feature, the phenomena, the reasons of false mediationin divorce proceedings，have suggested the regulation of false mediation according to therelevant provisions of the new “Civil Procedure Law”, have provided theoretical suggestionsfor the regulation of false ligation.The body of this paper consists of three parts besides the foreword and concludingremarks:The first chapter is “overview of false mediation in divorce proceedings”. This chapterhas expounded the difference between the concept of false mediation and similar concepts,mainly have defined the meaning, characteristic and classification of false mediation indivorce proceedings.The second chapter is “present situation and causes of false mediation in divorceproceedings”. This chapter has analyzed the status of false mediation in divorce proceedingswith the method of summarizing justice data, cases and comparison.The third chapter is “specific measures for the regulation of false mediation in divorceproceedings”. According to the relevant provisions of the new “Civil Procedure Law” andother provisions of the law, this chapter has put forward and expounded the concretesuggestion on false mediation in divorce proceedings: Firstly, has identified false mediationphenomenon from the perfection of the system, rules of the design, subject’s identificationand review strategy to prevent false mediation phenomenon. Secondly, has confirmed reliefmeasures of false mediation in divorce proceedings. Finally, has explored the legal liability of false mediation according to different departments of law.