论离婚诉讼中虚假调解的法律规制.doc

Abstract In recent years, the frequent occurrences of false mediation have obstructed judicial justice, have wasted judicial resources. Theory and practice circle have given great attention of false mediation. False mediation in divorce proceeding is a type of false litigation, research on the legal regulation of false mediation in divorce proceedings is detailed research on frequent false litigation. Because of the benefits of the infection, the intensification of contradictions and the loss of faith, cases of false mediation in divorce proceeding are emerging. The specialty of divorce proceeding have made the identification, prevention, regulation of false mediation in divorce proceedings more difficult than other types of false litigation. 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 mediation in divorce proceedings，have suggested the regulation of false mediation according to the relevant provisions of the new “Civil Procedure Law”, have provided theoretical suggestions for the regulation of false ligation. The body of this paper consists of three parts besides the foreword and concluding remarks: The first chapter is “overview of false mediation in divorce proceedings”. This chapter has expounded the difference between the concept of false mediation and similar concepts, mainly have defined the meaning, characteristic and classification of false mediation in divorce proceedings. The second chapter is “present situation and causes of false mediation in divorce proceedings”. This chapter has analyzed the status of false mediation in divorce proceedings with the method of summarizing justice data, cases and comparison. The third chapter is “specific measures for the regulation of false mediation in divorce proceedings”. According to the relevant provisions of the new “Civil Procedure Law” and other provisions of the law, this chapter has put