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1、1On the court mediation changes in the practice of divorce lawAbstract mediation as the “Oriental experience, play an important role in resolving civil disputes. Continuity and creativity inclusive. The Township stingy husband” mediator “from the Western Zhou Dynasty to the Qin dynasty to the Ming a
2、nd Qing Shen Mingting, mediation system has been run through the development of Chinas legal history, but the court mediation system rarely recorded, until the founding of the PRC after the cut a striking figure in the practice of divorce law. This paper tries to mediation by the court of the change
3、 in the the three divorce law practice, dialysis it from the mediation system out. The Paper Keywords mediation system of court mediation divorce law , Case briefing and analysis Case 1 September 1977, County B, a 25-year-old rural women formal divorce petition submitted to the county court, she and
4、 her husband come from a poor peasant family, 4 years of marriage, after marriage, living 2with their widowed father-in-law. Prosecution wrote: after six months of marriage, the sick daughter-in-law, father-in-law boasted that “half of the doctors and their daughter-in-law, over time, as long as the
5、 daughter-in-law refused to take this opportunity to fumble, father-in-law everywhere to make things difficult for her and even beat her husband standing on his fathers side. brigade and team cadres along with their relatives in the village mediation, but to deny the father-in-law did not recognize,
6、 even if later admitted, has become worse, continue to make things difficult for her husband because the broth got into a fight and then commit suicide, so she asked for a divorce after receiving the indictment, the court first got her husband a statement of fact, acknowledged for his wife to identi
7、fy the facts of his father, but also pointed out that his wifes delicious, just for the sake of clothes and shortcomings, and economic conditions lead to divorce. At this point, the judges first met with the brigade Party branch secretary of the local public security officer, the production team pro
8、xy captain husband belongs to the man 29-year-old uncle (involved in the separation of the father-in-law and husband and 3wife, They shared the view that the couple not bad feelings. then met with the plaintiffs father-in-law, and its ideological education. then visited the plaintiffs father, mother
9、, their village of the masses, and in order to persuade the girl after the end of the conversation. Finally, in the couples new house, gathered two judges, jurors, the couple of the parties, the father-in-law, the brigade Party secretary, the captain of the production team and the security officer,
10、took the floor and let the plaintiff, the plaintiffs father-in-law, the plaintiffs husband position, the plaintiff said that after Whos right who to listen to, the The plaintiff father said, by 40 dollars to build a house to his son, sewing machine owned by the daughter-in-law, but the right to use,
11、 the plaintiff husband said that he must do a good job in family relationships. So far, three lawsuits The parties signed a mediation transcripts and attach the guidelines, after 2 months, the divorce case finally closed in the formal mediation agreement. From the present case, we find that judges a
12、re not in receipt of the plaintiffs indictment in court to 4issue a summons to the plaintiff out of court, but personally, where the defendant visits, surveys, and based on a strict moral and ideological dissuasive official pressure and physical stimulation combination of persuasion and education of
13、 the plaintiff, the defendant, but we can not evade the judges exhortation doping political terms such as “feudal” and “bourgeois political thought, the court mediation and combine political ideology to divide people, how many people think this is the product of a particular history, because it is b
14、ased on the penetration of the countries in the practice of divorce law. If the state can not penetrate, to control the practice of divorce law, judges The court mediation can not use ideology to “exhort” the plaintiff, the defendant, although the final plaintiff, the defendant in the formal mediati
15、on agreement signature attached, but they are really inside the heart to reach a consensus? Even if we draw a question mark. Case 2 The plaintiff called Wu Feng, the defendant called small full trial, plaintiff the said defendant Chihepiaodu bad habits, family third party, the 5man had violence. Def
16、endant agree to a divorce, voluntary child-rearing. but claimed the family owed more than forty thousand yuan foreign debt, the plaintiff shall bear half, and property at home, because “I earned, you should all go to all my fierce dispute between the two throughout the course of the trial, and do not to give way. The case of mediation, the judge in the mediation of the back-to-back, to make compromises and concessions by both the individual and the plaintiff, th
