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

In recent years,the number of family disputes in China has been increasing.In practice,a large number of family disputes are related to the protection of minors' rights and interests.Minors are the ties of family blood relationship,but also an important driving force for the long-term development of the country.The importance of protecting the rights and interests of minors in family litigation is self-evident.In China,the protection of minors' rights and interests in family litigation is still applicable to ordinary civil litigation laws.There is no special family litigation law and special family court in China.Relevant provisions are scattered in the marriage law,the law on the protection of minors and other laws and regulations as well as judicial interpretation.In foreign countries,many countries have set up independent family courts,and the protection system for the rights and interests of minors in family litigation originated earlier and the relevant provisions are relatively complete.In 2014,the supreme people's court,the supreme people's procuratorate,the ministry of public security and the ministry of civil affairs jointly issued the opinions on handling several issues concerning guardians' infringement of minors' rights and interests in accordance with the law.In 2016,the supreme people's court issued the opinions of the supreme people's court on the pilot reform of the way and working mechanism of family trials,and carried out a two-year trial reform of family trials in a number of basic and intermediate people's courts.With the joint efforts of the four departments and the reform of family trial,important progress has been made in the judicial practice of protecting the rights and interests of minors in family proceedings.However,there are still some problems in the protection of minors' rights and interests in family affairs litigation in China that need to be improved,that is,the independent expression mechanism of minors needs to be improved,the assistance system is not sufficient,the education system before parents divorce is lacking,the dispute settlement system of visitation right needs to be improved,and the investigation and evidence collection system is inadequate.Therefore,it is necessary to perfect thespecial system of protecting the rights and interests of minors in family affairs litigation.In view of the problems existing in the protection system of the rights and interests of minors in family affairs litigation in China,this paper starts with defining the concept and characteristics of the protection of the rights and interests of minors in family affairs litigation,divides the scope of the protection of the rights and interests of minors in family affairs litigation,and summarizes the necessity of the protection of the rights and interests of minors in family affairs litigation and the possibility of the establishment of the system.Combined with the current situation of legislation and judicial practice in China,this paper analyzes the main problems existing in the protection of the rights and interests of minors in family affairs litigation.In order to solve these problems,the characteristic system and relevant experience of the protection of the rights and interests of minors in family litigation in the United States,Japan and Germany are studied in a horizontal way,so as to get the inspiration of perfecting the protection system of minors in family litigation in China.Finally,the author puts forward the conception of perfecting the protection system of minors' rights and interests in family litigation--perfecting the mechanism of independent expression of minors' opinions,perfecting the system of assistance,introducing the system of parental education,perfecting the dispute settlement system of visitation right and the system of investigation and evidence collection.