Research On The System Of Representatives Of Minors' Interests In Family Litigation

With the increasing and increasingly complex family disputes,the protection of the interests of children as parties or related persons in family cases has become more and more important.The system of representative representatives of minors with the principle of maximizing the interests of minors is serving This purpose is to promote the improvement of the procedural economy and litigation system,and to protect the substantive interests and procedural interests of minor children as parties or litigants.Based on this,the article first introduces the basic theories of the representatives of the interests of minors through the introduction of the case,including the analysis of the basic concepts of the representatives of minors' interests and the representatives of minors and legal representatives and legal representatives,minors.The representative of the person's interests is distinguished from the guardian,the representative of the minor's interests,and the defender.Then,the author studies the legal basis of the system of representative representatives of minors' interests,including the theory of state parental rights,the theory of procedural guarantee,the theory of substantive justice and the theory of litigation benefit.To build this system,we must have corresponding ideas to guide it.Changes from parental to child-based,from civil litigation to family litigation are also requirements for this system.In addition,the following is an in-depth discussion on the principle of maximizing the interests of minors,including the development process,judging criteria and practice status of the principle of maximizing the interests of minors.This principle is also the clue and core of the system of representatives of minors' interests..Secondly,by examining the similar systems of minors' interests in different countries or regions,the legislation and practical experience of the system of representative representatives of minors' interests are explored and compared,and their advantages and disadvantages are refined and inspired.This section mainly includes the introduction of the German program assistant and procedural caregiver system,the child representative system in the United States and Australia,the British child agent system and the program supervisor system in Taiwan,and the similarities and differences between the various systems.Do some analysis and thinking.Thirdly,we also need to examine the situation of the system of representatives of minors' interests in our country,combing the substantive law norms and procedural norms of the system of interest representatives from the legislative level,and exploring the two systems of interest representatives from the practical level.The mode of practice is the mode of representation of minors' interests and the mode of litigation guardianship.The question of the question was raised by the Shanghai Putuo District Court sample,the Intermediate People's Court sample of Wenzhou of Zhejiang province and the sample of the court of Gulou in Nanjing.Then,it analyzes the positive significance and effectiveness of the representatives of minors'interests in practice,as well as the dilemmas and shortcomings,and summarizes the feasibility and legitimacy of the implementation of the system of minors'representative interests in mainland China.Finally,aiming at the actual needs and actual conditions of our country,we design and plan the construction of the representative system of minors' interests in mainland of China.The article mainly refers to the qualifications of the representatives of the interests of the adults,the scope of the applicable cases,the conditions for selection,the rights and obligations,the responsibilities and the establishment of relevant supporting systems(including the establishment of a training and certification system for representatives of minors interests,and the development of benefits for minors.The ethical norms of the representative are enacted in five aspects,focusing on the institutional design of the system of representative representatives of the interests of minors in mainland China through comparative research,and modifying and perfecting the special circumstances and actual needs of China.