Research On The System Of Protecting The Interests Of Minors In Family Litigation

Family litigation occupies an important proportion in civil litigation,and family litigation often involves the interests of minors.In our judicial practice,the family litigation procedure has been followed by the ordinary civil procedure model.Separate family proceedings law,and the legislative content involved in family proceedings is less and less frequent,and there are few provisions for the protection of minors' interests.At present,in the national litigation,the protection of the interests of minors has the lack of overall and universal system construction,the lack of protection of the jurisdictional system,the failure of the authoritarian litigation mode,the establishment of professional judicial institutions that do not adapt to China's national conditions,and the lack of trial support institutions.And other issues.Civil law countries such as France,Germany,Japan,and common law countries such as the United Kingdom,the United States,and Australia have formulated special litigation principles and procedures that are conducive to protecting the interests of minors.Their legal systems are worth learning from.These include guiding the principle of the best interests of minors,focusing on protecting the rights of minors,and establishing a sound mediation system.In July 2018,China issued the "Opinions of the Supreme People's Court on Further Deepening the Reform of Family Trial Methods and Working Mechanisms(Trial)".It is believed that legislation on family trials will be introduced in the near future.Based on the needs of minors' physical and mental development and the special nature of civil rights,the author puts forward suggestions on perfecting the protection system of minors' interests in family litigation from the aspects of subject,jurisdiction,mediation and trial.