Research On The Multiple Settlement Mechanism Of Divorce Disputes Under The Background Of Family Trial Reform

During the period of social transformation,the change of the concept of marriage and family in China has led to the fact that the number of family cases is increasing year by year and the types of family cases are becoming more complex.At present,it is more difficult to resolve the contradictions of family cases in China,which has a series of negative effects.In response to this social issue,the Supreme People’s Court began to carry out a two-year family trial reform pilot work in April 2016.Nowadays,the divorce rate in our country is increasing year by year and the divorce disputes account for a large proportion in the family disputes.The proper resolution of divorce disputes has become an important part of family trial reform.However,the current trial mode and trial concept of divorce disputes in our country cannot meet the requirements of maintaining the harmony and stability of marriage and family in the new situation,nor can they meet the expectations of the people to repair the relationship and cure the emotion.The characteristics of divorce dispute also determine that mediation plays an increasingly important role in resolving disputes.Therefore,how to build and improve the multiple settlement mechanism of divorce disputes is worth further study.The first chapter starts from the change of the concept of marriage and family in the period of social transformation and analyzes the practical difficulties brought by the increasing number and complexity of family cases caused by the concept change for the judicial practice of our country,and then studies the theoretical background of family trial reform based on this.The second chapter elaborates the theoretical connotation of the multiple settlement mechanism of divorce disputes.Through the orientation of family trial reform and the type analysis of the pilot court practice,this paper clarifies the concept and basic content of the multiple settlement mechanism of divorce disputes,and on this basis explores the important significance of building the multiple settlement mechanism of divorce disputes.The third chapter focuses on the practice of the multiple settlement mechanism of divorce disputes.Taking the JSH court of ZJ city as an example,this paper focuses on the introduction of its relevant systems for family mediation and divorce dispute resolution and finds some shortcomings: the mediation mechanism has defects,the family investigation system is not perfect,and the multiple resolution mechanism is not open enough,which lays the foundation for further research.In the fourth chapter,by referring to the relevant experience of foreign family trial,taking the beneficial practices in the practice of China pilot courts as a reference,combined with the shortcomings still existing in the practice of the JSH court of ZJ City,this paper puts forward ideas for the development of diversified settlement mechanism of divorce disputes from four aspects: a.to realize the proper separation of mediation and litigation by clearly setting up mediation compulsory pre procedure and setting up special non litigation service center for marriage and family disputes;b.to form an effective connection between mediation and litigation;c.to improve the system of family investigators by making clear the composition of family investigators,the matters and methods of family investigation,and the use of family investigation reports;d.to build normal cooperation with grassroots organizations and relevant institutions.