Research On The Protection System Of Juvenile Delinquency In Family Litigation

To protecl the interests of the minors has always been the focus of countries. Perfecting the protection of the rights and interests of minors entity legislation and building special trial procedure or make a special procedure to realize the judicial relief are the basic patterns of the interests of the minors protection system. The protection of the minors’ interests must be closely related to family, and the family litigation in the interests of the minors protection is the core of the realization of minors’ rights. For a long time, for cases involving minor chores still apply to ordinary civil procedure in our country; more emphasis on parents selfish departmentalism, the interests of the minors can not get full protection. In this case, enriching and perfecting the interests of the minors special program system is particularly important.The family litigation in China, in connection with the problems existing in the protection of minors, such as in the best interests of minors, under the guidance of the principle of fully absorb the advanced outside of legislative and judicial experience, the housework trial minors litigation subject system in China,the jurisdiction of the system, and the facts found that system, the mediation system and improved in trial organization and trial form,to realize the maximization of interests to protect minors.In this article, through the family litigation involving minor things rights and interests of the people of the elaboration and analysis of typical cases, which leads to the housework lawsuit benefit protection for minors to explore problems. The article is divided into four parts.The first part of the article,analyzes the legislation present situation and the judicial status quo from the litigation in the family for minors interests protection.Then this part analyzes the main problems in protecting the interests of the minors in the family litigation through combining with the analysis of the typical case.The second part of the article, the aother elaborates the principles of the interests protection of the minors and the system of special in litigation in other countries, represented by France, Germany, Japan, the mainland legal system country and represented by the United Kingdom, the United States, Australia, the Anglo-American law system country in the housework lawsuit. The third part of the article, in the housework lawsuit benefit protection for minors should follow the principle of the best interests of minors. protection of minors program participation principle, not be tried publicly principle and interests of minors protection principle is expounded.The fourth part of the article, in view of the family litigation to protect the interests of the minors, the problem existing in the system of the subject of litigation, the jurisdiction system, the facts found that system, the mediation system and is suitable for minors interests protection mode of trial organization and trial form be perfected in many aspects, at the same time actively play an active role by the judge in the family litigation, to implement system of value.