西班牙家庭暴力调解作为一种非管辖权冲突解决方式

Jose Antonio Gonzalez-Costa
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摘要

本文旨在揭示、解释和审视调解作为解决家庭暴力问题的一种方式,而不是像法院那样使用传统的方法。许多国家已经信任并使用调解作为解决人与人之间甚至个人关系中的冲突的一种方法,并取得了积极的成果。欧盟认为其建议建议,调解是一个很好的方式,每个国家都应该使用它来解决问题,即使是在家庭暴力和家庭事务的情况下,这反映了社会应该有这个工具来解决问题,而不是总是诉诸法院。为了研究目标和完成研究项目设定的任务,在研究过程中主要采用历史研究法、分析法、归纳法、逻辑研究法和系统研究法。运用文献分析法、比较法和理论研究法对出版物资料进行调查、分析和总结。所选择的方法对于分析若干国际组织和公约的不同决议的发展非常重要,这表明了多年来所选择的调解方式。运用逻辑分析的方法,研究了各国法律的内容及其解决调解问题的经验。本文“调解在家庭暴力中作为一种非司法管辖的冲突解决方式”的总体目的在于表明,不仅在民事案件中,而且在刑事案件中,特别是在家庭案件中,也可以采用另一种替代方式来解决冲突。主要结论表明,调解是一个非常有用的工具,以解决和解决许多领域的冲突,如民事,http://dx.doi.org/10.17770/acj.v4i85.3668商业,家庭,刑事案件,以及家庭暴力。调解员在开始活动之前必须接受培训,就像拉脱维亚的具体项目一样。因此,欧盟正试图说服欧洲国家,调解作为一种方法应该适用于每个国家,以帮助传统的方式解决冲突。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE MEDIATION IN THE DOMESTIC VIOLENCE AS A WAY OF NON-JURISDICTIONAL CONFLICT RESOLUTION IN SPAIN
The aim of this article is to expose, explain and examine the mediation in the domestic violence as a way to solve the problems without using the traditional methods as the court. Many countries trust and use already the mediation as a methods to solve to conflicts between people and even in the personal relationship with positives results. The EU, thought its Recommendation has adviced that the mediation it is a really good way that very country should use to sorted out the problems even when there is cases of domestic violence and family matters, reflecting that the society should have this tools to fix the problems without going always to the court. In order to research the objective and fulfill tasks set the research project, the applied methods during the research progress are the following: historical research, analytical, inductive, logical, systemical. Also the method of the analysis of literature, the comparative legal method and theoretical method of research to investigate, analyse and summarize information of publications. The methods chosen are very important in analysing the development of the differents resolutions of several international organizations and Conventions, that shows the way chosen throught the years about mediation. The logical and analytical method was used in order to study content of the different countries laws and its experiences how to solved problems with the mediation. The overall object of this article “The mediation in the domestic violence as a way non jurisdictional of resolution of conflicts” is to show that its possible to use another alternatives ways to solve the conflicts not just in the civil cases but also in criminal cases and specially in family. The main conclusion shows that, the mediation is a very useful tool in order to solve and to fix conflicts in many spheres as civil, http://dx.doi.org/10.17770/acj.v4i85.3668 business, family, in criminal cases, as in the violence domestic. The mediator must to have a training before starts the activities, like the specific program in Latvia for it. Thus, the E.U. is trying to convince the European states that the mediation as a method should be applied in every country helping the traditional ways to resolve conflicts.
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