| The right of participation of minors is one of the basic rights of minors stipulated in the United Nations Convention on the Rights of the Child.In order to protect the right of participation of minors,minors should be able to participate in civil litigation closely related to their own rights through appropriate ways.The protection of minors’ right to participate in civil trials depends on the establishment and implementation of a special protection mechanism suitable for the physical and mental characteristics of minors.In China,there is a lack of due attention and systematic research on the topic of the protection of minors’ right to participate in civil trial.In the foreword of this paper,the significance of the research on the protection of minors’ right to participate in civil trials is explained,and the existing research is combed,and the relevant concepts are analyzed and explained.The first part of the text introduces the theoretical basis of the protection of the right of participation of minors-the connotation of the principle of participation of minors,and makes a comparative study on the embodiment of the principle of participation of minors in the justice of Australia and Scotland.The second part of the text analyzes the concrete manifestations of the lack of protection of minors’ right to participate in civil trials in China by means of legal provisions analysis,case analysis and judicial statistical analysis,including:(1)the provisions on the qualification of minors’ civil litigation subject are not perfect,and minors cannot independently pass the lawsuit in the case of conflict of interests between minors and guardians Litigation rights;(2)pay less attention to hearing and considering the opinions of minors,often equate the opinions of the legal representative of minors with the opinions of minors themselves,and lack the appropriate mechanism to listen to the opinions of minors.The third part of the text is making suggestions for the lack of protection of minors’ right to participate in the current civil trial.First,it is to establish the principle of maximizing the interests of minors in the civil trial of minors,and on this basis,it is to build a special mechanism for the civil trial of minors,including unified jurisdiction of civil cases involving the interests of minors by special trial organizations,and appropriate recognition of In the civil trial of minors,we should adopt the mixed mode of party doctrine and authority doctrine and establish the appropriate mechanism to listen to minors’ opinions.At the same time,we should improve the relevant government supporting and minors’ welfare system,determine the full-time institutions to unify the protection function of minors,and change the current minors’ protection function The dilemma of multi management but no one is responsible for the protection work.The main innovations of this paper are as follows: 1.In the way of case analysis and judicial statistical analysis,this paper makes an in-depth study on the current situation of hearing and considering the lack of opinions of minors in civil trials in China;2.From the perspective of trial concept,specific system and supporting mechanism,it puts forward systematic suggestions on protecting the right of minors to participate in civil trials. |
