Research On The Protection Of Children's Right To Participate In Family Lawsuits

Give children the right to participate,let children have the right to deal with their own affairs in accordance with their age,and gradually expand to participate in the management of public affairs,and express their opinions on various decisions that may affect their own interests.This is a sense of children's self-behavior and the awakening of rights awareness.The child's right to participate is not only a basic right,but also a child's special rights and autonomy rights.It is the foundation of children's other substantive rights and interests and has an irreplaceable positive role in protecting children's interests and promoting children's healthy development.In family lawsuits,children's rights to participate in litigation,express opinions,and have their opinions considered should be protected.These rights together constitute the content of children 's right to participate in family lawsuits.Because children's right to participate is not only related to the procedural justice of litigation,but also directly affects the children's physical rights and interests in litigation and future life,it is particularly urgent and necessary to protect them.Especially in litigation such as divorce,maintenance,inheritance,adoption,visitation rights,guardianship rights,and confirmation of parent-child relationship,the protection of children's participation rights is not only the protectionof specific rights,but also the interests behind the protection of children's participation rights.But at the same time,due to the limited capacity of children's participation,over-emphasis on children's participation will also have certain disadvantages.Therefore,the protection boundary of children's participation rights should be established.Children's participation rights cannot hinder the application of the principle of the best interests of children and the exercise of other rights in litigation.Since China signed the United Nations Convention on the Rights of the Child in 1992,more attention has been paid to the protection of children's rights than before.The concept of children's rights such as the rights of children's participation and development in the Convention has gradually been accepted and absorbed by legislation and judicial practice.However,due to the traditionally weak concept of children's participation and legal consciousness,China has not formed a social atmosphere for children's participation.At this stage,from the perspective of legislation,the protection of children's participation rights is lacking in system and operability;from the perspective of justice,the legal provisions on children 's participation are rarely used in judicial practice,and there is a lack of support for children's participation at the judicial level forms of assistance and participation.Obviously,the current legislative and judicial status cannot meet the needs of children in the practice of family litigation,and children's right to participate should bespecifically protected.At present,domestic scholars' research on children's participation rights is not mature,and the scope of participation is still concentrated on the discussion at the family,school and community level.There is less research on the legal level of participation rights,especially family litigation that may have a profound impact on children.The article puts forward specific suggestions on the protection of children's participation rights through the research on the status and problems of domestic children's participation in domestic litigation,and on the basis of the theory and experience of foreign children's participation.Legislative protection: Take the best interests of children as the guiding principle,and the principle of harm and risk are called the boundary principle.While protecting children's participation,safeguard children's interests and reduce children's risks.Give children special litigation status,which is the basis for children's actual exercise of participation rights;establish an auxiliary person and representative system to provide institutionalized assistance and agents for children to participate in litigation to ensure their participation;introduce a family investigation system to prevent children's participation rights If it is violated,provide relief.Judicial guarantees: the establishment of a family court to form a court atmosphere conducive to children's participation;strengthening the detection of family judges' powers and actively obtaining opinions fromchildren;exploring the mode of dialogue in court and increasing channels for children's participation.At the same time,in terms of consciousness:We must reform the concept of protecting children's participation rights,establish the principle of children's participation,and raise the social awareness of children's participation.