A Study Of Procedural Safeguards For The Rights And Interests Of Minor Children In Divorce Proceedings

Improving the procedural protection of minor children in divorce proceedings is conducive to safeguarding the judicial procedural justice of divorce proceedings and the legitimate rights and interests of minor children.Although China has been paying more and more attention to the protection of minors in recent years,and the legal system has become more and more perfect,and the reform of family trial and working mechanism has been carried out,the procedural protection of minor children in divorce proceedings still belongs to the weak link of family trial.In the divorce proceedings,minor children are not the subject of litigation,and their participation in the proceedings is low,their opinions are not well expressed,and the facts related to them are not well ascertained.Therefore,there is a need to improve the legislation on procedural safeguards for minor children in divorce proceedings,and to establish a system that allows minor children in divorce proceedings to participate substantially and influentially in litigation activities,so as to protect their substantive rights and interests.This paper firstly expounds the meaning of procedural safeguards for the rights and interests of minor children in divorce proceedings,and proposes that procedural safeguards for the rights and interests of minor children in divorce proceedings consist of three aspects:safeguards for the procedural participation of minor children,safeguards for the expression of opinions of minor children,and safeguards for the proof of facts related to minor children,and emphasizes the necessity of procedural safeguards for the rights and interests of minor children in divorce proceedings.Secondly,through the comparative study method,the three aspects of procedural participation of minor children,expression of opinions by minor children,and proof of facts related to minor children in divorce proceedings in typical countries and regions of common law and civil law systems are examined comparatively,and then the legislative and judicial status of procedural protection of the rights and interests of minor children in divorce proceedings in China is analyzed through the normative analysis method and the empirical analysis method,and it is found that We found that the basic principles of procedural protection of minor children’s rights and interests in divorce proceedings are absent,the procedural participation of minor children in divorce proceedings is limited,the mechanism for expressing minor children’s opinions in divorce proceedings is poor,and the proof of facts related to minor children in divorce proceedings is weak in four aspects.Finally,in view of the problems of procedural protection of the rights and interests of minor children in divorce proceedings in China,we try to establish the basic principles for the protection of minor children in divorce proceedings,implement the procedural participation of minor children in divorce proceedings,improve the mechanism for hearing the opinions of minor children,and improve the system of proof of facts related to minor children in divorce proceedings,drawing on the highlights of the experience of overseas and family affairs reform pilot projects.In this regard,we propose countermeasures to improve the procedural protection of the rights and interests of minor children in divorce proceedings in four aspects.