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随着全球ADR的发展,被誉为东方经验的调解近年来在我国也逐渐升温,受到了司法部门以及众多资深法律人士的重视。而今,人们的思想观念发生巨大转变,无过错离婚席卷全球,日益飙升的离婚率带来了大量离婚诉讼案件,带给法院的审判压力也愈来愈重。此时,传统的离婚诉讼模式显然已经不能适应繁多冗杂的离婚诉讼需求。因此,本文通过分析我国现有的离婚制度,在研究国外离婚制度的基础上,初步提出了建立以法院附设为核心的离婚调解制度的构想,以减轻法院的审判压力,节约司法资源,减轻当事人的诉累和经济负担,有利于构建和谐社会。
With the development of global ADR, the conciliation known as the experience of the East has also been gradually warming up in our country in recent years, and it has received the attention of the judicial departments and many senior legal persons. Nowadays, people’s ideas and ideas have undergone tremendous changes. No-fault divorces have swept the world. The soaring divorce rate has led to a large number of divorce cases and pressure on courts to try more and more. At this point, the traditional model of divorce proceedings apparently can not adapt to a wide range of complicated divorce proceedings. Therefore, based on the analysis of the existing divorce system in our country and based on the study of the divorce system in foreign countries, this paper initially proposes the idea of establishing a divorce mediation system with the court annexed as the core so as to reduce the judicial pressure on the court, save judicial resources and reduce litigants’ The burden of litigation and economic burden, is conducive to building a harmonious society.