Research On The Proceedings Of Minor's Guardianship

In recent years, disputes of minor's guardianship frequent occurred, many minor infringement cases become media and public hot spots, caused widespread concern. These cases more or less exposed, in the face of minors in crisis, our civil judicial remedies are tough to deal with. subject to the age and mind, Minors ought to receive more attention and protection in judicial proceedings. However, for a long time, will be the we focus on the amendment of substantive law, and the procedural law are almostly ignored in terms of protection of minors Guardianship proceedings in the minors, their parents still in emphasize standard, as minors are regarded as no legal capacity, few can participate in the proceedings concerning their future living arrangements in the past. In this situation, it is necessary from the perspective of procedural law, improve the system of guardianship of minors. for the minors in crisis open channels of the judicial remedies. This article is divided into four parts, for a discussion of these issues.Part I: This part describes the basic concepts of minors and guardianship system. Legislation system on the guardianship system has generalized sense and narrow sense, Our concept of guardianship is generalized. the Guardianship of Minors disputes classification, causes, particularity. Minors dispute belongs to the category of civil disputes, but it is different from the general civil disputes, it has its own unique way in the terms of main boby Content and dispute settlementPart II: the major developed countries or regions in the world attaches great importance in the protection of minors, many of their system concepts and models are already quite mature after a long period of development, and constantly update and optimize. Outside parts earlier to recognize the identity of the minors guardianship lawsuit has strong characteristics, pay attention to listening to minors opinion in the process of litigation, multiple subject setting auxiliary minors to participate in litigation, minors' best interests as the core. This part we compared and analysis the Minors dispute handling mechanism in United Kingdom, the United States, Germany, Japan and Taiwan of China, seeking to learn from the advanced experience and improve our correlation system.Part III: from the legislative and judicial, we analyzes the Status and Problems pf Guardianship of Minors Dispute. Guardianship of Minors proceedings in lags behind in legislation, the practice of the Court has taken some pilot measures to compensate for this deficiency, but there the minors dominant position are still absent in the proceedings, guardianship proceedings applicable procedures are not clear, the lack of specialized the trial organization and other issues.Part IV: This part put forward advice for perfecting Minors litigation from four aspects. First, through appropriate expansion of capabilities legal capacity of minors, designated a minor program assist person, canceling the pre-specified limit security the status of the subject of proceedings for minors; Second, in special procedures, Discovery doctrine shall be recommended in the guardianship of minors proceedings and the disclosure principles shall be limit. Third, pay attention to the mediation system in the Guardianship of Minors Procedure applicable; Forth, the Guardianship of Minors shall be governed by family courtroom litigation proceedings, and introduced social probation inspectorate system in trials organization.