Research On The Protection Of Minors' Right To Express Their Opinions In Family Litigation

According to Article 12 of the Convention on the Rights of the Child,minors have the right to express their opinions,and opinions of minors should be properly heard.The convention has been signed and ratified by most countries,and China has become it's the 105 th member.Therefore,the development and improvement of safeguard measures for the right of minors to express their opinions in family litigation is a work that cannot be ignored in the reform of family trials in various countries(regions) and is also in line with the spirit of the Convention.This article tries to explore a comprehensive and feasible system of the right to express the opinion of minors by exploring the implementation of Article 12 of the Convention in various countries and the remaining deficiencies in China.This article is divided into four parts,and discusses the issue of the right of minors of opinion in family litigation.The first part introduces the basic concepts involved in the right of minors to express their opinions;adopts the Convention on the Rights of the Child and the Twelfth General Comment on the relevant norms of the right of minors to express their opinions in family litigation,and clarifies the international convention,to guide the framework of children's interests;to explore the theoretical basis of the right of opinion of minors from the basic theoretical perspectives such as the principle of maximizing children's interests,national parental rights,independent subjects,and healing theories.The second part is the investigation of extraterritorial measures to protect the right of minors to express their opinions.The legislation,procedures and procedures for protecting the right of minors to express their opinions in Britain,Australia,Germany,and Taiwan were explored for their specific practices for reference.The third part is to analyze the current situation of the protection of the right of minors to express opinions in litigation in our country,and analyze the achievements and existing problems.Judging from the achievements achieved,the provisions concerning the right of minors to express their opinions are scattered in many laws,judicial interpretations and policy documents.Although these provisions provide a preliminary basis for family justice,many aspects of the practice of family reform have also appeared.From the perspective of the problems exposed,the legislative level is specifically manifested as: inadequate connection with the Convention on the Rights of the Child,a narrow scope of cases for the right to express the opinion of minors,and a closed-legislation approach to the age regulation of theright to express opinions,leading to the lack of protection for minors who have the ability to express under the age,lack of detailed specifications and supporting procedures for the right to express opinions.The practical level is as follows: in the family litigation,the qualifications of the independent procedural subject of the minor who is not a party to the case are ignored,the possibility of affecting the fairness of the procedure,and the risk of causing secondary harm to the minor.The fourth part is the design and construction of the protection system for the the right of minors to express opinions in litigation in our country.Based on the above-mentioned references to extraterritorial experience and the remaining deficiencies in China,the conception of the protection system of the right of minors to express opinions is mainly proposed from the legislation and system: from the perspective of legislation,it is necessary to compile an independent family law.Establish a minor's opinion expression and age norms;from the perspective of the system setting,it is necessary to construct a diverse system of the right of minors to express opinions in family litigation.Through the above-mentioned multiple measures,it is intended to fully guarantee the right to express the opinions of minors in family litigation.