| The juvenile justice system is important microcosm of the level of development of the construction of the rule of law in a country, but also is one of the hallmarks of civilization and progress of inspection and the rule of law. Special judicial protection of the interests of the minors has become the general consensus around the world. Our government since August1990formally signed the United Nations Convention on the Rights of the Child, actively fulfill the basic principles and regulatory requirements established by the United Nations Convention on the Rights of the Child, and build a juvenile justice system with Chinese characteristics. But our juvenile justice system more attention to the field of juvenile criminal cases exercise jurisdiction, apply criminal proceedings under the civil judicial practice is very common. However, the complete juvenile justice should never be simply understood misconduct in juvenile special disciplinary and protection of, more should be from a judicial point of view to achieve maximum protection to the interests of the minors. On this basis, the article selection to improve the juvenile justice system point of view, in order to achieve the purpose of the civil trial interests of the minors, and better maintenance. The article first empirical analysis, through typical case analysis, leads to the problem of the Minors’ trial procedures exist; Secondly, through the use of historical survey of law, Probably described from the perspective of the basic connotation, characteristics and the need of the Minors’ trial system; Finally, the use of comparative analysis, come to our country by Germany, Japan, the United Kingdom, the United States and other countries minors’ trial system study and learn the Minors’ trial. The system should adhere to the principle of maximizing the interests of minors, special priority to the protection of the principle of common basic principles of the protection of the principles and interests of equitable principles. The minors interests of the principle of maximizing throughout the whole article, especially in the later perfect part highlights the importance of the interests of minors. The last part of the article, from the scope of the case, the qualification of the proceedings, judicial organization and of the trial, put forward some specific recommendations of the Minors’ trial system. Define the scope of the case in a minor civil cases, article view with the Supreme People’s Court judicial interpretation access to a larger does not include minors infringement cases. In the aspect of litigation qualification, article view advocates to set a right to sue for minors, in order to maintain their interest when guardians are difficult to prosecute their rights. In the aspect of trial organization, it recommends the establishment of the Family Court which exclusively hearing family cases and minor civil cases. In the aspect of judicial ways, on the one hand, it stresses the importance of mediation, on the other hand, it recommends judicial ways, suitable for minors, to minimize harms that the litigations cause. |
