On Procedural Protection Of Minors' Interests In Family Litigation

Family litigation is more personal,complex,and public welfare than general civil litigation.Therefore,the mere judgment of right and wrong is not the ultimate goal of family litigation resolution.Instead,it replaces emotional rifts,repairs family relationships,and protects the family.The interests of adults safeguard the stability of the family as a whole and society as a whole.Minors are relatively weak in family autonomy due to their own physical and psychological deficiencies.As a special participant in family litigation,their interests need special attention and protection.This article takes the procedural protection of the interests of minors in family litigation as the research object,combines the characteristics of minors,starting with the main situation of family litigation concerning the interests of minors,and taking the age as the boundary against the interests of minors of different age groups.Analyze that the difference should be responded to in different procedural protection measures.Under the guidance of the principle of maximizing the interests of minors and the principle of participation of minors,through the exploration of specific rules and the investigation of relevant systems outside the region,combined with the policy spirit and feedback of practice in the reform of family trials,the article focuses on family litigation.Procedural protection is the method,and protecting the interests of minors in family litigation is the goal.This article will focus on this topic.As one of the main positions of juveniles and the judiciary,family litigation requires a greater degree of involvement and support from the courts because of its special public interest.The juvenile also deserves to be subject to its own objective characteristics.The idea of procedural protection of minors' interests in family litigation can be determined from the perspective of the minor's own,ensuring the participation of his procedure,giving him the ability to sue in specific circumstances,and respecting and guaranteeing the expression of his will.In order to enable minors to better participate in family litigation and provide them with the necessary procedural aids,it is also a major measure to protect the interests of minors.From the court's point of view,special investigations should be conducted on the evidence investigation,and the principle of the power of inquiry should be used to improve the court's investigation and evidence collection methods,and to clarify the special requirements of the investigation of the court's powers in the family lawsuit.In the process of juvenile opinion listening and inquiring,pay attention to the specialization and innovation of methods and methods to adapt to the characteristics of minors and protect the physical and mental health of minors in family litigation.This article analyzes the general framework of procedural protection of minors' interests in family litigation,and conducts detailed argumentation and research on several major procedural protection measures.It strives to provide theoretical guidance for the design of our national litigation system so as to finally achieve protection which hopes to protect the interests of minors in family litigation.