Study On The Protection Of Minor Children's Interests In Family Trials

Family conflicts are likely to affect the minors in the family.When the parents are not in good relationship or the couple or parent-child relationship is abnormal,the psychological pressure on the minors becomes heavier.It is self-evident that the emotional breakdown of family members has a great impact on the minor children with certain cognitive ability.Minor children's dissatisfaction with the family and anger will affect their whole life.Minors are the hope and future of our nation.Protecting the legal rights and interests of minors in family trials helps to reduce the harm caused by family disputes to minors.At present,family trial is still applicable to the general trial of civil cases,which emphasis on parents selfish departmentalism in our country.It is difficult for minors to participate in the proceedings.Therefore,There is a lack of protection of their rights.Hence,under the current system,it is of vital importance to improve the protection of the rights of minor children in family trials.Based on the analysis of the rights and interests of the minor children,this paper summarizes the deficiencies in the protection of the minor children's rights in China's family trial practice,and puts forward specific suggestions on the protection of the minor children's rights in the family trial.The article is divided into four parts: the first part,first of all,analyzes the interests of minors in the family,followed by the introduction of China's legal provisions on the protection of the rights and interests of minors in the family.After understanding the family rights and interests of minor children,the article analyze the special significance of protecting the family rights and interests of minor children in family trials and the scope of family cases containing these interests;The second part analyzes the problems existing in the protection of minor children in China's family trial,including the substantive and procedural aspects;The third part introduces the measures in favor of the protection of minor children in the pilot reform of family trial,summarizes the reform experience of the pilot court,and the problems still exist after the pilot reform;The fourth part puts forward Suggestions on the protection of the minor in the family trial from the aspects of system construction,right protection and right relief.