The Problem And Path Of The Protection Of Minors' Rights And Interests In Divorce Proceedings

In recent years,the number of divorce litigation cases has increased dramatically.In2014,the number of cases of first-trimester divorce disputes in China was more than 1.12 million.In 2015,the number of concluded cases was more than 1.2 million.In 2016,the number of divorce dispute concluded cases was 1.39 million.1In judicial practice,divorce proceedings are lawsuits that involve people,emotions,and reasons,and are related to the legitimate rights and interests of the minor children of the parties.Once the divorce lawsuit is initiated,it not only involves minors’ maintenance payments,educational support fees and other property rights,but also involves minors’ custody rights,and litigation rights.Therefore,to strengthen research on the protection of minors’ rights and interests in divorce proceedings and actively propose solutions to them,both theoretical and practical,and it is a very important proposition for the country,society,the collective,and every family,this is the purposes of this article.This paper attempts to explore the connotation and logical connection of minor protection in divorce proceedings from the perspective of procedural law,and uses theoretical analysis and case analysis methods to study issues of juvenile protection in the legislative situation and judicial practice in divorce proceedings.Propose appropriate countermeasures and suggestions.On the one hand,it aims to analyze and analyze the problems of juvenile protection in divorce litigations and to propose countermeasures through observing and studying the adverse effects of divorce proceedings on juveniles,which has aroused great concern in society.The article puts forward that in the litigation process,it is necessary to step up efforts to standardize the litigation process and court actions to protect the rights of minors and avoid divorce proceedings causing unnecessary harm to minors.As this paper empirical research-based papers,one through on the type of method of analysis of the case,and tap the protection of children in divorce proceedings in juvenile existing institutional and legal issues.At the same time,the methods of qualitative and quantitative analysis of juvenile protection in 166 divorce litigation judgment documents were objectively demonstrated,so as to obtain more scientific and objective conclusions.Second,from the perspective of analyzing the legal application of the court’s judgment documents,the internal mechanism of the legal protection of minor children in divorce proceedings was explored.The article analyzes 166 cases of divorce through the analysis of the verdicts in the judgment,the application of the law,and the use of wording.It examines the divorce system and the protection of minors in all directions,reflecting the direct empirical characteristics of the article as a case study.The 166-litre divorce lawsuits based on the case analysis of this article come from 6grass-roots courts in C City.The closing time is from January 2014 to July 2017.The number of cases in this group is large and the time is new.It is more representative of the status of the current divorce proceedings.The article is divided into an introduction and four chapters.The introduction mainly introduces the background of this topic,the significance of the research,the analysis of research status at home and abroad,the research content,research methods and innovation.Among them,the research status at home and abroad is mainly reflected in the protection of minors,the protection of minors in the divorce system,and the principle of children’s best interests.The first chapter briefly analyzes the basic connotation and characteristics of juvenile protection in divorce proceedings.Divorce proceedings have special attributes on the subject,content,and scope.The second chapter summarizes the legislative status and barriers to the protection of minors in divorce proceedings in China.First of all,it introduces the current situation of the protection of juveniles in China’s current laws,and then analyzes the current situation and problems of juvenile protection in divorce proceedings,which are mainly reflected in the legislative status and defects of juvenile protection in divorce proceedings.The third chapter explores the judicial practice of juvenile protection in divorce proceedings through case analysis of 166 judgments.It mainly analyzes the judgment result, the minor’s willingness to express himself,the real name concealed in the verdict,the wording of the verdict and the application of the law,and discusses the problems in the judicial practice in the protection of minors in divorce proceedings.The fourth chapter proposes corresponding solutions to the current situation and problems of juvenile protection in divorce lawsuits analyzed in Chapters 2 and 3,including changing judgment concepts and trial techniques,and establishing a special family litigation system for minors.We will improve the divorce trial adjudication organization that protects the interests of minors,improve the mediation system in divorce proceedings,and improve the supporting measures for the protection of minors in divorce proceedings.