On The Protection Of Juvenile Rights And Interests In Family Trial

"Young people make the country prosperous,young people make the country strong.^Only by protecting the rights and interests of minors,can we reduce the number of juveniles who commit crimes and increase the energy of youth for the realization of the Chinese dream.However,due to the privacy,ethics and other characteristics of family trial,as well as the deficiencies of minors'behavioral and cognitive abilities,it has been happening that our country's juvenile family trial emphasizes too much on the parental standard,violates and ignores the legitimate rights and interests of minors.As a special vulnerable group that is related to the future of the country,minors must be given special protection during the family trial.In 2016,the Supreme People's Court began the pilot reform of family trial mode and working mechanism.The family trial system has developed greatly,but compared with Germany,the United Kingdom,Japan and other countries,there are still some problems in family trial in China,such as lack of pre-divorce education system for parents,imperfect expression mechanism for children's opinions,and many deficiencies in child rearing.On the basis of analyzing the content of family trial reform and the status quo of children's rights protection,this paper analyzes the principles and improvement path of child rights protection in family trials.The full text is divided into five parts.The first part is the introduction.It mainly analyses the research significance and background of family trial on the protection of children's rights and interests,as well as the main contents and innovations of the study,research methods and other basic contents,and makes a certain analysis and summary of the research status in China and abroad.The second part comprehensively elaborates the juvenile family trial system,analyses the concept,type and characteristics of juvenile family trial,and points out the particularity of juvenile family trial in terms of trial method,trial mode and judicial institution compared with ordinary family trial.The third part analyzes the status quo and problems of the protection of minors'interests.Starting from the current situation of relevant legislation and judicial practice,aiming at the lack of pre-divorce education system for parents,inadequate expression mechanism for children's opinions,and many problems existing in the upbringing of children,and points out the insufficiency of the protection of minors in domestic lawsuits,in order to better propose personal advice on the protection of minors' rights and interests.The fourth part,based on the analysis of the protection system of minors in family lawsuits in Britain,Japan,Germany and other countries,absorbs the beneficial experience of its reform,and combines with the specific national conditions of our country,further analyses the shortcomings of the protection of children's rights and interests in our country's civil litigation.The fifth part,on the basis of the above-mentioned basic analysis,analyses the protection mechanism and basic principles of minors'interests in our country's civil trial,and on the basis of the principle of maximizing the interests of children,clarifies "the principle of child participation" and "priority protection principle for children".It is proposed that China should implement the pre-divorce parent education system,improve the child's opinion expression mechanism from the aspects of encouraging minors to participate in family trials,establishing procedures assistants,and strengthening the inquiry of judges' powers and thoroughly solve the problem of minors' upbringing from the aspects of perfecting the system of ownership of upbringing rights,perfecting the system of minors'upbringing fees to achieve the protection of children's rights.