| Since 2016,the Supreme People’s Court has successively issued the "Opinions of the Supreme People’s Court on the Pilot Work on the Reform of Family Judgments and Working Mechanisms" and the "Notice of the Supreme People’s Court on the Pilot Work of Family Judgment and Work Mechanism Reform in Some Courts" In the more than 100 national and grass-roots courts across the country,the trial of family trial reform was carried out.Although some courts made some new attempts to protect the rights and interests of minors,due to the lack of national unified system guidelines,the reform plan presented a "modeling".The trend of "convenient for media propaganda",the maximization of the interests of minors has always been insufficiently taken as a basic principle,and the consideration of the protection of minors’ rights and interests is obviously insufficient.The protection of the rights of minors is not only to solve the current family disputes,but to repair the broken relationship of identity to a greater extent,and create a good living environment for the future healthy growth of minors.From the perspective of the protection of the rights and interests of minors,this paper chooses the more mature countries for family litigation as the object of investigation,through the comparative analysis of the relevant systems for the protection of minors’ rights and interests in extra-territorial family litigation,combined with the current legislation and judicial status in China.Suggestions for improving the protection system for minors’ rights and interests in my country’s litigation.At the same time,with the family litigation reform model as the entry point,through the establishment of specialized family litigation courts(courts)and court working groups,the special protection procedures for minors will be constructed,and family investigators,psychological counselors,and minor interest agents will be deployed.Introduce the under-the-middle dialogue mechanism of minors,make up for the weak position of the minors involved in the litigation process,protect the participation of minors in litigation,and resolve the family disputes in a flexible manner,so that Adult rights can be guaranteed to the fullest and most reasonable. |
