Research On The Protection Mechanism Of The Rights And Interests Of The Minor Children In The Family Trial

In recent years,the construction of family civilization in our country has new development and progress,the emphasis on family,pay attention to family education,pay attention to tradition concepts more deeply.At the same time,with the development of economy and society,the divorce rate of China has been rising.The number of family cases such as divorce,inheritance and maintenance has been increasing.According to statistics,there were 1 million 752 thousand cases of family affairs in China at all levels in 2016,of which 1 million 397 thousand were divorced.Nearly tens of millions of parties involved in civil affairs registration divorce and court verdict divorceWith the rising of the divorce rate,the problems of education and raising of the minor children involved in the family case are frequent,which affects the social harmony and stability.What is more serious is that home is where people dream of sailing,the family is an important basis for national development and national progress and the harmony of the society,if the minor children of family cases in rights can not be effectively guaranteed,easily lead to extreme criminal cases,bring severe challenges to the social order.Therefore,the protection mechanism of minor children's rights and interests is very important for strengthening and innovating social governance,maintaining social harmony and stability,and promoting the construction of safe China.China signed the "United Nations Convention on the rights of children" in August 1990 to become the 105 th signatories to the Convention on April 2,1992,China's entry into force,until now the past 27 years,we constantly improve the legislation,in the "constitution","civil law","marriage law","minor protection law" and the "2016 anti domestic violence law" for minor children rights protection mechanism has the corresponding provisions,but from the theoretical analysis,compared with other developed countries,the protection mechanism of our country on the interests of minor children is still not perfect.People with the change of the times,in marriage,family values,family values are gradually produced a huge change,the traditional ethics and moral values of the collision trendy,unmarried cohabitation,third,extramarital affairs and other social phenomenon more and more,there are children born out of wedlock in a certain range,which causes a lot of legitimate out of wedlock and minor children in the family trial rights,in accordance with the original mechanism is difficult to obtain the effective protection of the situation.There are many cases of dissolution of the marriage relationship.After the distribution of property,the custody of the child is also confirmed,but the child's support has not fulfilled the obligations.Many minor children have had an accident in their parents' neglect of management and education.Since May 11,2016,the Supreme People's court held a family and began working mechanism reform of the trial court since the pilot and actively explore the establishment of diversified dispute settlement mechanism,to create various forms of cooperation with the Department of civil affairs,women's departments and community service departments,more than 80% of the trial court of the establishment of a joint meeting mechanism and the relevant departments,for the family trial in the case of the protection of the interests of minor children to create good conditions;pilot court 70% of the introduction of the normative documents,combined with local family cases characteristics,formulate the corresponding judicial rules,provide policy support for the protection of the rights and interests of minors;pilot court nearly 90% domestic trial set up specialized institutions,which have independent the establishment of the family court and juvenile family division accounted for 70%,60% pilot court set up a professional case A court mediation team;80% arranged in accordance with the pilot trial of family cases characteristics,the configuration of the mediation room,table analysis room,single mirror observation room,psychological counseling room,and constantly improve the family trial facilities,provide a strong material guarantee for the child rights protection mechanism establishment of minor family cases in.Analysis of the situation of children's rights and interests protection mechanism of minors comparative foreign domestic trial,combined with China's current laws and regulations,according to China's specific national conditions and the needs of the people,child rights protection of minors good family justice,improve judicial efficiency of family trial,to achieve social stability of grassroots people's living condition effect.The first part is the status quo of the protection mechanism of the rights and interests of minor children in family trials.This chapter mainly analyzes the current situation of legislation,the current judicial situation and the current research situation in China's current legal system,and then analyzes the current situation of the protection mechanism for the rights and interests of underage children in China.The second part is the problem of the protection mechanism of the rights and interests of the minor children in our country's family trial.In family cases,the minor children's participation in the pretrial mediation mechanism is not perfect,involving the supervision and return mechanism of minor children's lack of specific provisions,and other auxiliary protection of minor children's rights and interests.The third part of the minority children's rights and interests protection mechanism of the extraterritorial experience and the enlightenment to our country.The extraterritorial protection mechanism for the rights and interests of minor children in family trials is relatively perfect.Overseas experience has provided a useful inspiration for the improvement of the rights and interests protection mechanism of underage children in China.The fourth part of the family trial of minor children's interests protection mechanism to improve thinking.The establishment of juvenile children to participate in the trial and mediation mechanism,the establishment of juvenile children cases supervision and return visit mechanism,the establishment of other auxiliary protection mechanism.