Baoshan “old lady uncle” pick up the order!Mediate family disputes, promote harmonious development…

2022-08-04 0 By

Wife “domestic violence” husband this marriage is inseparable?One day after the New Year’s Day in 2021, Wu, who lives in a village in Baolin, had dinner and was helping her eldest daughter to do her homework when she disagreed with her husband.The husband called the police on the spot, considering that belongs to the family dispute, the child is still young, shen gave up her husband criminal responsibility, but determined to divorce his wife, and claimed that the child’s custody belongs to all.To the request of the husband, the wife has reservation, then came to the request of living committee to help, dissolve family dispute, walk out of life predicament.During the mediation process, his wife Wu told the mediator what happened and regretted her impulsive behavior that day. She said that her child was still young and she needed a complete family. She hoped that the mediation committee could work through her husband’s ideological work and forgive her.The people’s mediator listened to the cause and effect of the dispute, and then called her husband Shen, hoping that he would accept the mediation of the people and find the best solution through mutual consultation.Impressed by the mediator’s sincerity, Shen agreed to accept the mediation.During the mediation process, the wife Wu repeatedly expressed regret for the harm caused by her husband Shen, and she hoped that her husband could forgive her impulsive behavior and continue to maintain the marriage.Shen, however, said he could no longer stand his wife’s behavior. He said the couple often argued about trifles after marriage, and this time it hurt him physically and psychologically, as well as adversely affecting the growth of their children.He couldn’t accept it happening again, so he decided to divorce.The people mediator persuaded her husband to treat calmly, do not divorce easily, can not use the second impulse to solve the consequences of the first impulse, resulting in wrong on the wrong.As for the people’s mediator’s advice, the husband did not consider it. He thought his decision was made after careful consideration, and the other party’s behavior had reached the limit that he could bear, so he insisted on his opinion and did not waver.At this point, the people’s mediator is involved in understanding the mood of both parties, and therefore suggests that the two parties reverse their roles in the past squabbles over trifles, thus discovering their own problems when they see the other’s problems, and deliberately silencing the mediation suddenly.After a period of silence, his wife Wu reminisced about her old life and talked about the happiness and joy her family had brought her.She said that after the birth of her child, especially as a mother of two children, she had anxiety and pressure for her child’s study and future. Every time she saw her careless husband could not participate in caring for her child in time, she would get angry and could not control it.It was not until this conflict occurred that she realized what her problem was, and she would have a correct attitude towards the problems in life in the future.Silently listening to his wife Wu from the heart, husband Shen so-and so tone has become slow, he admitted that in addition to busy with work and entertainment, back home is often controlled by the mobile phone, really care about the family and children is not enough, this is never deeply realized before, he will correct.First, the wife Wu expressed regret for her behavior, and promised to correct, hoping to maintain the integrity of the family.Second, the husband Shen forgive his wife Wu’s impulsive behavior, give him the opportunity to correct his mistakes, the two sides work together to create family harmony.Case Review This case is a typical family dispute mediation by persuading people to make peace without persuading them to leave. When the parties encounter problems in their marital life, they naturally think of people’s mediation, which is enough to show the status and influence of people’s mediation in the hearts of the people.Because each party’s personality characteristics, experience and ideas are different, so each contradiction and dispute has its own particularity, successful mediation of contradiction and dispute, it must be aimed at the specific situation to develop flexible and effective mediation scheme, clear resolution, general interpretation of law.The civil Code applies in this case as follows: Article 1042, paragraph 3, prohibits domestic violence.Maltreatment and desertion among family members shall be prohibited.Article 1043 Families shall establish a fine family tradition, promote family virtues and attach importance to the construction of family civilization.Husband and wife should be faithful to each other, respect and care for each other;Family members shall respect the old and cherish the young, help each other and maintain equal, harmonious and civilized marriage and family relations.”Article 1,079 If one of the husband and wife requests divorce, the relevant organization may conduct mediation or directly institute divorce proceedings in a people’s court.”In handling divorce cases, the people’s court shall conduct conciliation;Divorce shall be granted if mediation fails if mutual affection has really broken down.Divorce shall be granted if mediation fails under any of the following circumstances :(1) bigamy or cohabitation with another person;(2) to commit domestic violence or maltreat or abandon family members;(3) they have such bad habits as gambling and drug taking that they have failed to change;(4) two years of separation due to emotional discord;(5) other circumstances leading to the breakdown of affection between husband and wife.Divorce shall be granted if one party is declared missing and the other party initiates divorce proceedings.Divorce shall be granted if, after the people’s court makes a judgment that divorce is not allowed, the two parties have separated for a full year and one party files divorce proceedings again.Source: Baoshan, Shanghai