Research On The Protection Of Minors’ Procedural Rights In Family Trial

Although family disputes belong to the scope of civil disputes,they are different from ordinary civil disputes.The trial of family cases has received widespread attention.The trial of family cases sometimes involves minors’ rights and interests.Can it truly maximize the interests of minors? Principles are the common goal pursued by modern society.Although the legal system tends to improve,the social situation is complex and changeable,and it is inevitable that there are deficiencies in the protection of minors.The ineffective protection of their procedural rights and interests is one of the important problems.Maintaining the procedural rights and interests of minors is related to whether they can effectively protect their own interests in family trials.Therefore,how to effectively protect the procedural rights and interests of minors is a problem worthy of study.The procedural rights and interests of minors in family trials mainly reflect the rights they enjoy in the trial procedures of family cases.However,the existing laws and regulations are difficult to protect the rights they should have.It is necessary to establish some special procedures or systems to allow unintended rights in family cases.Adults have the ability and the right to express opinions on key issues in family litigation,and their opinions can be heard by the referee,so as to ensure that minors can participate in litigation activities in a substantive and influential manner and ensure that minors can not only speak up,You can also claim rights to protect their procedural rights and interests.In our country’s trial procedures,immaturity is a distinctive feature of minors,but the trial is still conducted in accordance with the provisions of ordinary civil procedures,resulting in their legitimate procedural rights not being taken seriously.Regarding the procedural protection of minors in family trials,there are many problems in the current legislation and judicial status.There are few regulations that can be used to protect their procedural rights and interests in legislation,and they are scattered and lack systemicity and comprehensiveness.In trial practice,its status as the subject of litigation is difficult to be valued in the trial process,and its status in litigation is also easy to be ignored,which limits the degree of procedural participation of minors,and it is difficult to protect their procedural rights and interests.Minors should be the subjects who can exercise their rights to protect their own rights and interests,and should enjoy procedural rights in family cases involving their own rights and interests,and should not ignore their subject status in the interest-based disputes between adult family members,so as to truly realize protection The basis of the rights and interests of minors should pay attention to the protection of minors’ procedural rights and interests,which is also one of the value goals pursued by the reform of adapting to family trials.The main content of this article is to analyze the deficiencies in the procedural protection of minors in my country’s current laws and judicial practices,and how to protect the procedural rights and interests of minors in family trials.The first part of the article is the introduction,which discusses the research background and significance,research status,research ideas and methods.The second part starts from the procedural rights and interests of minors in national affairs trials,introducing the characteristics of juveniles’ family trials and the necessity of protecting minors’ procedural rights and interests.The third part is the introduction of two typical cases to reveal the problems in the protection of minors’ procedural rights and interests in the current trial practice.For example: how to achieve effective communication between juveniles and judges,and the issue that the subject status of juveniles is not taken seriously.The fourth part is to address the above problems and propose solutions in a targeted manner.It proposes to improve the opinion expression mechanism of minors,establish an interest agent system,improve the fact-finding system,optimize the trial organization and staffing,and improve social observation and protection.Several countermeasures such as the mechanism to build a systematic guarantee system for the procedural rights and interests of minors.In litigation,while protecting their procedural rights and interests,they must also pay more attention to their physical and mental health.From the perspective of being more conducive to the growth of minors,it greatly reduces the psychological pressure that minors may experience.