The Procedural Protection Of Minors' Rights And Interests In Family Proceedings

From 2013 to 2017,among the cases involving the protection of minors 'rights,family cases accounted for 94.54%.It can be seen that the crisis of family disputes is a major obstacle to the protection of the rights and interests of minors.Rely on the good handling of family disputes,and then promote social stability with the harmony of the family.Compared with ordinary civil litigation,family litigation has different litigation subjects,tasks,and the application of principles and rules.Family litigation has more personal,ethical and public welfare attributes.The simple judgment of right and wrong in civil litigation is not the ultimate goal of family dispute resolution,repairing family relations,soothing emotional harm,protecting the interests of minors,and maintaining the family Stability is its ultimate pursuit.For minor groups,in the case of family disputes and family custody disqualification,the special attributes of their interests call for the intervention of public power of the state,and adopt powerful power doctrine to help maximize the interests of minors.And ensure that minors can get more protection through the design of procedural rules.After the reform of the family trial,China's courts have accumulated some experience from the bottom up in the field of family litigation.However,there are still many problems in the protection of the rights and interests of minors.First of all,the basic principle of the protection of minors in family proceedings is missing.At the legislative level,the family litigation rules have ignored the particularity of minors due to the lack of guidance of this principle.At the judicial level,it also leads to the neglect of judges' right to speak to minors;Secondly,the minor 's litigation subject qualifications are lacking,his litigation capacity is completely denied,his litigation subject status is replaced by an agent,and the agency system itself has defects,which makes the interests of parents and minor children as legal agents When the inconsistency occurs,the minor is in a dilemma of isolation and helplessness;in addition,the direct application of the family litigation and the general civil litigation rules makes it difficult to match the particularity of the minor family litigation,thus increasing obstacles to the protection of the rights and interests of minors.In this context,this article echoes the tide of family trial reform,with the procedural protection of minors'rights and interests as the theme,and uses legal analysis methods such as normative analysis,comparative analysis,and logical analysis to explore which procedural safeguards to achieve the principle of maximizing the interests of minors.That is to protect the interests of minors,through the study of the particularities of family litigation,explore the procedural rules for the protection of minors in family cases,and find out the realization path of procedural guarantees for minors' rights in national litigation:The principle of maximizing the interests of minors is clearly stated.On the one hand,on the minor's side,the litigation capacity system should be improved.For minors with corresponding intentions,their litigation status should be determined according to the type of family disputes.Minors who are fully capable of making up make up for their lack of abilities through the supplement and improvement of the agency system.on the other hand,on the side of the public power organ of the court,by promoting the establishment of professional judicial organizations and the reform of litigation models,jurisdiction systems,and rules of proof,to protect the rights and interests of minors can get the maximum procedural guarantee.