A Study On The Subject Qualification Of Juvenile Civil Procedure

Along with the social development and changes in the traditional family structure, there are a large number of special juveniles like left behind children, illegitimate children, single parent children and stepchildren that due to changing marriage in civil suits of our country. However, when these juveniles pick up the legal weapons to protect their legitimate rights and interests, they usually can not enter the door of judicial process. It indicates that civil procedure legislation is not the main reason. Precisely because of it, our country’s civil judicial protection lack necessary procedure protection for juveniles. First of all, as the subject of civil procedure, juveniles’own particularities have been neglected, the relevant provisions in the legislation of juveniles have no distinction from adult. They still use the way of adult trial. Secondly, the legal representative system does not take into account the case in absence of guardian guardianship, tort within guardianship and other special circumstances, in which how juveniles participate in lawsuit to protect their rights and interests. The flaw of guardianship system is magnified. Thirdly, the relevant protection provisions of the juveniles spread in other separate laws and scattered regulation about juvenile protection. However, these laws and regulations are not clear enough and lack of practical operability. so that it cannot offer efficient protection for juveniles to participate in lawsuit.Studying the civil procedure subject qualification of juveniles is of great significance.Firstly, studying mainly two aspects of Juvenile main qualification is an urgent need for the qualification of judicial practice. As a party of "the International Convention on Children", the current stage of rights protection for juveniles is not optimistic. The subject qualification of juveniles is not clear enough to make juveniles enter the door of judicial relief and make the civil judicial procedure lack the most basic support. Secondly, it helps to clarify the rights and obligations between the parties, smooth progress of civil trial procedures, improve judicial efficiency and improve fairness and justice. These cases involving juveniles are more focused on long-term interests of juveniles. Despite the affects on figuring out the truth an solving civil disputes, it should pay attention to avoid "secondary victimization".This paper is divided into six parts. Starting with relevant theory of civil procedure subject qualification of juveniles, this paper includes civil procedure subject qualification of juveniles in ordinary civil procedure, civil procedure subject qualification of juveniles in view of national guardianship. Meanwhile, it elaborates the current occasion of the civil procedure subject qualification of juveniles and how to perfect the relevant legislation to improve the judicial protection for juveniles.