Research For Protecting The Procedural Interests Of The Minor Child In Family Litigation

In recent years,with the increase of family cases involving minors,we have to pay attention to the special group of minors.For a long time,the judicial organs of our country still apply ordinary civil procedure to hear family cases involving minors,more emphasis on parental departmentalism,and neglect the special care of the minors.Minors are still at the stage of development in physiological and psychological aspects,their minds are not yet mature,they are in an obvious weak position in the adult human dominated litigation,Some of them even can't participate in the litigation,the basic right of appeal can't be effectively guaranteed,not to talk about the protection of the interests of the entity.Under the circumstances,it's particularly important to improve and enrich the procedural interests guarantee system of the minors in the case of family affairs.This paper makes an analysis in the angle of family litigation,mainly from three aspects of jurisdiction,agency and judicial organs to explore the procedural protection of minors.The first chapter begins with the basic theory of family litigation,which include the scope and characteristics of the family litigation,and elaborate the necessity of protecting the interests of the minors' procedural interests.The second chapter mainly analyzes the legislative status and judicial practice,and summarizes the current problems about the protection of the procedural interests of the minors in family litigation.The third chapter mainly study from the foreign related legislation to draw inspiration.The fourth chapter is mainly to elaborate the principles that should be followed by the system of protecting the procedural interests of the minors in family litigation.The fifth chapter is the conclusion of the first four chapters,and put forward the concrete conception of the protection system of the procedural interests of the minors in family litigation.