Research On The Protection Of Minor Children's Rights And Interests In Family Trials

Family disputes are different from ordinary civil disputes.Identity disputes are the main type of disputes.They have unique repair and treatment functions.Family disputes not only resolve the past,but also look to the future,aiming at resolving the complex behind disputes and maintaining family stability.China's current civil procedure rules can no longer meet the needs of family trial,and it is urgent to establish a unique family law system to solve the growing family disputes.In family disputes,the sharp increase in the number of cases involving minors indicates that the protection of minors' civil rights and interests needs to be strengthened,and family trials need to strengthen the procedural protection of minors.Based on the case analysis and the current situation of juvenile rights and interests protection in family trial,the article points out that the legal defects at the present stage in our country mainly lie in trial principles,litigation jurisdiction,litigation subject system,post-litigation return system and judicial relief.In order to achieve the goal of maximizing the interests of minors,the article puts forward specific ideas from the following aspects: establishing trial principles,constructing procedural protection mechanism,giving full play to judicial initiative and perfecting auxiliary protection mechanism.