Research On The Protection Of Minors’ Rights And Interests In Family Trial

In Chinese current judicial practice,the litigation model adopted in family trial involving minors is generally the same as common civil cases of minors,which is unable to fully protect minors in family cases.Some countries and regions have established special procedures and systems for the protection of minors in the family trial according to the principle of maximizing the interests of minors.China has set up special procedures in the area of criminal law to protect the legal rights of minors.But,it is necessary to carry out further research and discussion to analyze whether it is necessary to provide special provisions for the protection of the interests of minors in family trials.Perfecting various provisions and systems of protecting the rights and interests of minors in family trials has a profound impact on the protection of the interests of minors.However,the establishment of a new special procedure requires a lot of manpower and material resources,also,it needs to conduct a comprehensive research of the actual situation and face various difficulties.Starting in June 2016,pilot projects have been carried out in a number of grass-roots courts in China and achieved certain results.In response to the problems concerning minors in Chinese family trial,this paper aims to improve the protection of the rights and interests of minors by combining advanced experience from abroad and analyzing the legislative status,system status,and judicial extension of the protection of minors’ rights and interests in the existing family trial system in China.This paper analyzes various aspects of the protection of minors in existing family trials,and combines the judicial practice and the legislative situation in and outside the region to elicit problems in China.This paper consists of an introduction,body,and epilogue.The body consists of four parts:The first part outlines the basic theory of protection of the rights of minors in family trials.First,it defines the range of minors;second,it analyzes the reasons of the protection of minors’ rights and interests in family trials;finally,it points out the necessity of protecting the rights of minors in family trials.The second part carried out comparative study on the relevant laws and systems for the protection of minors’ rights and interests in family trials in extraterritorial civil law and common law countries and regions,and certain enlightenment is obtained.The third part introduces the current situation and problems of protection of the rights and interests of minors in Chinese family trials.This section begins with an overview of the status quo of China’s domestic legal system and specific judicial practices,and then analyzes the problems existing in the protection of minors’ rights and interests in family trials.The fourth part puts forward three suggestions for improving the protection of minors’ rights and interests in the family trial.In this section,it defines the guiding principles of legislation to ensure that the protection of the legal rights of minors is always in an important position in handling family cases,formulates a humanized and rationalized system to further improve the protection of the rights and interests of minors,and the judge should play its dynamic role without affecting his normal judgment.