The Procedural Guarantee Of The Minors' Interests In The Family Litigation

The judgment of the family litigation often have to deal with the minors' interests of being raised.If the judgement is not appropriate,the impact on the environment for minors' growth will be far-reaching.The theory of the procedural guarantee provides a theoretical basis for maintaining the minor's interests of being raised in family litigation.It requires the protection for minors' s participating in family litigation.Also,it requires to provide him with the offensive and defensive means of substantive equivalence in the process of litigation.It is an effective way to solve the problem that guardian can not properly represent the interests of minors in such cases.It is also a beneficial supplement for minors to participate in litigation,even though the monors can not express the point of view accurately and properly because of his age and intelligence.Whether it is for legislative or judicial practice,it is do very important and necessary to make further research on the procedural guarantee of minor interests in family litigation.Besides the introduction and the conclusion,the dissertation has three parts.It altogether has more than 30000 words:The first part is a summary of the procedural guarantee of the minors' interests in the family litigation.The procedural guarantee is the purpose of civil litigation.It requires that the parties can participate in litigation and provide them with the offensive and defensive means of substantive equivalence.With that,the parties can draw the referee's content autonomously.It provides the theoretical basis for the procedural guarantee of the minors in the family litigation,which makes the study of this proposition necessary and special.Also,it requires the protection for minors' s participating in family litigation.Also,it requires the minors' participation in the family litigation and to provide the monors with the offensive and defensive means of substantive equivalence in the process of litigation.Through the provisions of procedural guarantee for minors' interests in family litigation,we can promote the real solution of disputes,thereby maintaining the authority of the judiciary.And it also provides a reference direction for ongoing family trial reform.The second part is the practical research on the procedural guarantee of the minors' interests in family litigation in the domestic and foreign countries.China don't have specialized legislation in the family litigation.There also has some problems in the concrete system: the provisions of the jurisdiction system is not convenient for minors to participate the litigation,and provisions of subject is not appropriate for minors when the guardian is unwilling to act.The rules of fact finding can not reflect the requirement,too.But the development of the lawsuit and provisions in Germany and Japan has become more and more perfect.In this two countries,they have set up a jurisdiction court for the minors and have had expansion of the conditions and scope of the minors' participation in family litigation,they also have set up the system of protecting the minors' interests as a supplement to the rules of the fact investigation.The third part is to put forward proposal for perfecting the procedural guarantee of the minors' interests in family litigation.It is more appropriate for the minors to begin a suit in the basic people's court where the minors are located and where the guardians live together with the minors.In terms of the rules of litigation subjects,we should expand the litigation capacity of minors in family litigation and set up procedural agents instead of the minors' guardians to advocate the minors' interests,too.It is also one of the means to establish the procurator's participation in the family litigation.In the rules offact finding,we should apply the doctrine of exofficio systems to appropriately expand the scope of interpretation.We should perfect the regulations of hearing the opinions of the minors and set up the protector of the minors' interests,too.