Research On The Protection Of Minors' Rights And Interests In Family Trials

Most of the litigants in family trial have certain relatives.They compete with each other in court for various reasons.They are easy to cause harm to minors who are still in the stage of physical and psychological development.For a long time,family cases involving minors still apply to the ordinary civil procedure,and the particularity of the protection of minors' rights and interests has not been reflected in our civil procedure law.Because the family procedural law has not yet been established,and the family trial system also lacks relevant provisions for the protection of minors' rights and interests,the special subject status of minors can not be given due attention,and the interests of minors are often ignored in the struggle for family interests.In this situation,it is particularly important to emphasize the protection of the rights and interests of minors in the reform of the way and mechanism of family trial.The rights and interests of minors in family trial should receive more attention and protection.Through the investigation and Research on the reform of the family trial mode and working mechanism of the people's court in Tongliang District of Chongqing,this paper combs the current situation of the protection of minors' rights and interests in the family trial of the people's court in Tongliang District of Chongqing by using the methods of statistical analysis,sample investigation and interview,and sums up the protection of minors' rights and interests in the family trial of the people's court in Tongliang District of Chongqing.The main characteristics of nursing are as follows: in divorce cases,the court pays attention to the investigation of the causes of family disputes;the mechanism of independent expression of minors' opinions has taken shape;the psychological protection of minors is emphasized;the family trial confrontation is weakened and the mediation system is emphasized.It can be seen that the family trial reform of Tongliang District People's Court in Chongqing has achieved some results in the protection of minors' rights and interests,but there are some deficiencies in the legislative guidance of the principle of maximizing the interests of minors,the improvement of the independent expression mechanism of minors' opinions,the function of family mediation and family investigation system,and the psychological protection of minors.This paper summarizes the practical experience of the family trial reform of Tongliang District People's Court in Chongqing,and draws lessons from the theory of protecting the rights and interests of minors at home and abroad,and puts forward some countermeasuresand suggestions to promote the reform of family trial in order to protect the rights and interests of minors more effectively in the family trial.