On The Procedural Guarantee Of The Interests Of Minors In Family Trials

In the existing legislative norms of our country,there are many substantive norms on the interests of minors in the family trial,but there is a lack of specific implementation rules in the procedure,and the protection of minors has the characteristics of general and loose.Although the pilot reform of family trial began in 2016,the pilot courts in our country have accumulated some successful experience on how to protect the procedural interests of minors in family trials,but due to the lack of unified procedural norms,There are some difficult problems in judicial practice.Therefore,from the basic theory of procedural protection,this paper provides a theoretical basis for the proper realization of minors' interests in family trials.From the current practice of family trial reform,this paper summarizes the problems,combines the comparative study of foreign countries,analyzes the feasibility part of our country,and finally puts forward some reference suggestions for perfecting the procedural guarantee of minors' interests in family trial in our country.Specifically,this paper is divided into four partsThe first chapter is the basic theory part of this paper.The legal basis of giving minors procedural protection is clearly given,and the foundation of the protection of minors' interests is laid in the legal theory level.And the basic requirements of procedural guarantee and the necessity of procedural guarantee are expounded.Specifically,this paper is divided into four parts:The first part introduces the basic theory of the paper,including the legal basis of the procedure guarantee for minors in the family trial,the specific scope of the procedure guarantee and the necessity of the procedure guarantee for minors in the family trial.Through the introduction of the above theoretical part,for the following to do a good job.The second chapter analyzes the problems of procedural guarantee of minors involved in family trial in China.This chapter expounds the procedural guarantee problems encountered by minors in family trial from three aspects:the system of litigation subject,the participation of procedure and the problem of fact investigation.The above three problems are analyzed and sorted out in order to make the next countermeasures and suggestions more targeted.The third chapter introduces the advanced experience of foreign countries in solving the above three problems.This chapter carries on the comparative analysis to the aforementioned question one by one through the comparative analysis method.Through the comparative study of foreign experience,it provides some enlightenment and reference for perfecting the procedural guarantee of minors' interests in family trial in our country,and makes the proposal of the fourth chapter of this paper more comprehensive.The fourth chapter is the procedure suggestion to protect the minor's interests in the family trial.In view of the problems in the reform of family trial in our country,the following suggestions are put forward in order to optimize the procedural guarantee of minors' interests:first,in the establishment of litigation subject,the author suggests that the basic principle of protecting minors should be put first in procedural legislation to guide the orderly and effective procedure.Secondly,in the specific procedure setting,we should refine the rules of procedure participation of minors,standardize the behavior of procedure participation,and perfect the system of meeting judges to improve the degree of adoption of opinions.Finally,in the aspect of fact investigation,we should take the doctrine of power exploration as the principle,expand the scope of interpretation,and perfect the family investigation system explored by the pilot court now.