Research On The Judicial Protection Of Minors’ Civil Rights

This article focuses on the basic concept of minors in our country civil judicial protection. Starting from our country’s civil lawsuit status on protection of minors’ civil rights, this thesis analyzes the necessity of special protection to the minors in civil rights and interests. Using methods such as literature review, comparative study and empirical analysis method, the author analyzes defect in civil lawsuit system of the protection of the rights and interests of minors and puts forward some Suggestions about the specific civil lawsuit system to how to perfect the protection of the rights and interests of minors.Besides the preface and conclusion, the body consists of four chapters.The first chapter is the basic theory of judicial protection for minors’ civil rights. First of all, through the analysis of the particularity for the minor rights, This chapter points out the necessity of judicial special protection for the minors; And this chapter analysis the principle of "best interests of minors," the world recognized the meaning of basic concept in the field of child protection, and as China’s guiding principle of civil judicial protection for the minors formed the standpoint of thinking in full. At the same time, through the analysis which the country paternity theory and national guardianship theory influence to the judicial protection for the minors form the theory foundation about minor civil judicial protection.The second chapter is judicial protection system evaluation in our country about minors’ civil rights. This chapter firstly introduces the current status of minors’ civil judicial system in China, combining with the present situation of minors’ civil judicial protection and the trend of judicial reform, comparative analysis the existence flaw about the current civil litigation system and the insufficiency of protection for the rights and interests of minors, especially points out that the lack of litigation special operation mechanism for the minors’ rights. The third chapter is outside experience of the minors’civil judicial protection system. This chapter firstly introduces the legislation experience of other countries on minor protection, and analyzes the effective operation mechanism of judicial protection on minors in other typical countries, through comparing the reference, that put forward our country in exploring the path of judicial protection.The fourth chapter is to perfect our judicial countermeasures in civil lawsuit of minors. Through above reason analysis and experience reference, this chapter puts forward to establish " The maximum of the interests of the minors ","Common to protect minors" and "Relatives paying equal attention to family protection and state protection " and so on, and in view of the above analysis the defect of judicial protection of minors, points out that on the one hand can improve the exercise of the litigation right of minors; On the other hand, can set up a special civil trial organizations; The third should be clear about minor’s judicial protection range; The fourth should be established minors pre-litigation mediation procedure and the minors’civil cases supervision report system should be carried out,and put forward other specific perfecting measures such as legal advice.