Research on the Perfection of Supporting Mediation System in the Cooling-off Period of Divorce
-- Drawing on the Experience of Folk Mediation in the Qing Dynasty
DOI:
https://doi.org/10.54097/500fpy55Keywords:
Registered Divoice System, Cooling-off Period, Mediation System, The Qing Dynasty, Civil MediationAbstract
At present, the cooling-off period of registered divorce lacks a supporting mediation system. Perfecting the supporting mediation system of divorce cooling-off period is helpful to realize the substantive justice of marriage and family, and it is also the practical need to improve the divorce cooling-off period system in the Civil Code. The existing normative exploration and practical exploration of setting mediation measures in the cooling-off period of divorce provide legislative experience and practical support for perfecting the supporting mediation system in the cooling-off period of divorce. Looking for the excellent experience of perfecting the supporting mediation system in the cooling-off period of divorce from the folk mediation in the Qing Dynasty, this paper holds that the folk mediation in the Qing Dynasty has the advantages of diverse subjects, strong professionalism and diversified basis for mediation. According to these advantages and the practical needs of perfecting the supporting mediation system in the cooling-off period of divorce, this paper puts forward three suggestions for improvement: establishing a diversified mediation system in the cooling-off period of divorce, deploying professional mediators for the cooling-off period of divorce, and setting flexible and diverse mediation basis for the mediation of divorce.
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