| In recent years,with the increasing number of family lawsuits,family lawsuits are characterized by privacy and complexity,especially in family lawsuits involving minors.Judges and guardians ignore it,and it is difficult to fully protect their legitimate rights and interests in civil family litigation.Since our country has not formulated a special civil family procedure law,nor established a separate civil family procedure,ordinary civil procedure is often applied in family lawsuits.Ordinary civil litigation procedures take property cases as the basic trial objects,while civil family litigation involving non-residents has the characteristics of personal nature,privacy and public interest,which is different from the value concept and rule design of ordinary civil litigation procedures.In foreign countries,many countries have established special family litigation procedures and independent family courts,and the procedural protection systems and measures for minors in family litigation are relatively complete.Our country’s protection system for the rights of minors in family lawsuits is mainly concentrated in the field of substantive law,while the protection system in terms of procedural law has legislative deficiencies.In 2016,the Supreme People’s Court issued the "Opinions on Carrying Out the Pilot Work of Reforming the Methods and Working Mechanisms of Family Trials",and immediately started the pilot work of family trial reforms in more than 100 basic-level and intermediate courts.In the process of the pilot reform of family trial reform,the issue of the protection of minors’ rights in civil family lawsuits involving foreigners has gradually attracted attention,and the principle of maximizing the interests of minors has been emphasized..However,there are still many problems concerning the procedural protection of minors in judicial practice in my country,such as the basic principles of procedural protection for minors are not clearly established,the special litigation protection procedures for minors are lacking,and the subject of litigation in civil family lawsuits The scope is narrow,and the fact-finding procedures in civil family lawsuits involving foreigners are not perfect.Therefore,my country should learn from relevant foreign legislative experience to improve the procedural protection of minors in civil family lawsuits involving foreigners.From the perspective of the protection of the rights of minors,this article explores the construction and enrichment of the procedural protection of civil family lawsuits involving minors in my country in four parts.Firstly,starting from defining the concept,characteristics and applicable situations of the protection of civil family proceedings involving violators,analyze the relevant litigation principles and theoretical basis,and analyze the function of the protection of civil family proceedings involving juveniles in protecting the rights of minors.This paper examines and draws lessons from the legislative experience and system design of typical foreign countries on the protection of family proceedings involving foreigners,and summarizes the inspiration for my country to improve the protection of civil family proceedings involving foreigners.Combined with the current legislative situation and judicial practice in our country,this paper summarizes the deficiencies of procedural protection in civil family lawsuits involving foreigners in our country.Finally,suggestions for improving procedural protection in my country’s civil family lawsuits involving juveniles are put forward from five directions,including establishing the basic principles of procedural protection in civil family litigation involving juveniles,establishing special litigation protection procedures for minors in civil family litigation involving juveniles,expanding The scope of litigation subjects（procedural agents,procuratorial organs）in civil family lawsuits involving foreigners,strengthening the application of power detectionism in civil family lawsuits involving foreigners,and improving fact-finding procedures in civil family lawsuits involving foreigners. |
