I Am Studying The Protection System For Minors In China

The family litigation of the parties is a certain relationship, when they were in court for a variety of reasons, is the biggest often hurt the mind is not fully mature minor children. Face at the scene of the trial for their respective interests loggerheads, affronted close relatives, it's easy for it was still in the stage of development of physical and psychological health negatively. Therefore, minors as the family litigation special subject, in the process of judicial deserves more attention and protection. In recent years, protecting the legal rights and interests of minors is also our country legislation and practices are the focus of attention. However, for a long time, cases involving minor chores still apply the ordinary procedure, its particularity is not reflected in the civil procedure law in our country. Parents still emphasize standard in civil lawsuit, minors can't even to participate in litigation, the litigation right is still without basic protection, more can't talk about the biggest benefit protection. Under this situation, the perfect family litigation protection of minors is particularly important.According to current situation of the protection of minors in our family litigation, proposed consummates our country the housework lawsuit idea of concrete system of protection of minors is a focus in the study of this article. The family litigation usually involves the third party interests, especially family dissolution and restructuring process in the interests of the minor children, the disputes between the parties based special identity and happen, has the characteristics of social public welfare, privacy. Outside part of the country has fully realize it, in the legislative confirmation about underage people courts should be guided by the minor benefit maximization, apply special family or the personnel litigation procedure, the special judicial organization. The improvement of the system of protection of minors in the family litigation should make full use of the advanced experience of the countries outside of enlightenment, combined with the present situation in our country, guided by the principle of minors'best interests, by expanding the scope of the main body of the family litigation, for minors of concrete system, such as program aided people fully ensure the realization of minors litigation right. In addition, still need to strengthen the construction of ability of court mediation, give full play to the advantages of the family dispute mediation system processing.