Judicial Protection Sdudy On The Rights And Interests Of Minor Children In Divorce By Litigation

In the legal provisions of our country,the husband and wife can agree to divorce or bring a divorce lawsuit,that is litigation divorce.However,whatever form of divorce,the tending of the minor children is one of the problems that must be solved during the process of divorce.The legitimate rights and interests of the minor children are the parties and the state organs when their parents divorced.An object that can be effectively protected.Although the law endows the divorced parties with the full freedom of divorce and the autonomy of the agreement,the two parties can negotiate all the issues relating to the minor children,and the court effectively recognised the agreement within the scope of the law under the agreement of the parties,but in the case of divorce,the contradiction between husband and wife often occurs.Showing a more acute and intense side,the couple often neglect the rights and interests of minor children for the purpose of divorce.Through the experience of practice in the practice of the court,I find that,on the one hand,it is difficult to balance the freedom of divorce and the autonomy of the agreement in practice due to the overly principled provisions of "the best interests of the children".On the other hand,the limitation of the judge's vision is difficult to make a substantive review of the agreement between the two parties.The rights and interests of adult children are difficult to obtain very effective protection.The neglect of the minor children's own opinions in the proceedings,the low cost of raising and the difficult implementation,the lack of the establishment of the right of visit,and the difficult implementation of the right to visit often make the growth of the minor children adversely affected,or make it inconsistent with the living environment,stress on the psychology and learning,or the family is constantly in the lawsuit.In the middle,disturb the daily life.According to the analysis and statistics of the trial cases in the practice of the court in six months,the author thinks that the judicial protection of the rights and interests of the minor children in the lawsuit divorce can be perfected from the following aspects,combined with the argument of the scholars and the reference of the relevant judicial system abroad,and the principle of "the greatest interests of the children" and the system of the visitation right can be made in the following aspects.To set up a social investigation mechanism to investigate the true information of the minor children and to represent the interests of the minor children in the divorce proceedings to bring forward the benefit representative system which is beneficial to the opinions of the minor children,and return visits after the enforcement of the court's adjudication,and to correct the bad phenomena in time and learn lessons from the accumulated experience.Judicial protection of the rights and interests of minor children.