Minor Designated Litigation Agent System Research

The designated litigation agent system means that at the stage of the commencement or civil action of the minor,according to the application of the minor or his relatives or the people’s court,the legal aid agency shall apply to the legal aid institution for the lack of appropriate legal representative Adults appoint lawyers as litigation agents to act on civil litigation.This paper focuses on the analysis of the current plight of the existing juvenile litigation agency system in practice,combs the legal provisions of the juvenile litigation agent system,through empirical research and comparative analysis,pointed out that China’s juvenile litigation agent system And draws lessons from the advanced experience of foreign countries,and puts forward the solution to how to construct the juvenile designated litigation agent system.The structure of this paper is divided into five parts:The first part of the existing minors designated litigation agent system to sort out the status quo,analysis of China’s existing civil procedural law on the provisions of the system of minors,and for the controversial asked the existing minors designated Whether or not the designated litigation agent system is included in the litigation agent system,and elaborates the reason that the designated litigation agent system of the juvenile is independent of the legal litigation agent system and the entrusted litigation agent system stipulated in the current civil procedure law.In the second part,through the analysis of typical cases,this paper analyzes the limitations of the legal system of legal action of minors in judicial practice,according to the existing civil litigation law in the judicial proceedings in the judicial practice.The difficulties encountered,the implementation of difficulties,the lack of agents and agents of the four specific circumstances of the infringement of the legal proceedings.The third part clarifies the connotation and orientation of the litigation agent system through the legislation history of the designated litigation agent system for minors,and analyzes the designated litigation agent system to realize the maximization of the interests of minors,the state guardianship,the realization of litigation efficiency,To achieve fairness,public welfare protection and other value connotation,to clarify the necessity of the existence of the juvenile designated litigation agent system.The fourth part of the German,British,Japan and other countries on the minors with the designated litigation agent system has the same meaning of the juvenile special litigation agent system to sort out and learn from its special agent in the election,The authority and the legal responsibility of the advanced experience,with a view to the minors designated litigation agent system and the protection of minors to bring new ideas.In the fifth part,based on the theoretical analysis and the relevant mature experience,this paper explores the reconstruction of the designated litigation agent system of minors in China,and clearly needs to appoint the litigation agent for the minor.It is determined that the people’s court applies to the legal aid institution Minors designated lawyer litigation agent,at the same time clear the conditions for the designation of the juvenile designated litigation agent system and the designated litigation agent misconduct legal responsibility to improve the replacement of designated litigation agent system design.