On The Procedural Guarantee Of Minors’ Interests In Family Trials

Modern society is increasingly relying on the rule of law to resolve disputes,resulting in more and more minors being forced to be involved in judicial proceedings due to family disputes.Based on the requirements of the principle of procedural subjectivity and the principle of maximizing children’s interests,special procedural guarantees should be given to minors who are interested in family trials.The basic principle of procedural protection of the interests of minors in family trials is lacking;secondly,there are deficiencies in the provisions on the subject of litigation for minors in family trials,the qualifications of some minors to independently participate in the litigation process are not considered,and the existing legal agency system has drawbacks It is revealed that it is difficult for minors to file lawsuits in person under special circumstances such as conflicts of interest with their legal representatives;thirdly,the participation of minors in the procedure is hindered,which is manifested in that the setting of jurisdictional rules is not conducive to minors’ participation in the procedure,and it is not conducive to minors’ participation in the procedure.The improvement of the mechanism for expressing opinions has resulted in the inability to effectively implement the rights of minors to express opinions.Finally,there are also problems at the level of fact-finding,which are manifested in that the doctrine of authority detection has not been fully implemented in the practice of family trials and the system of family investigators is not standardized enough.The procedural guarantee provides a path to fill the above-mentioned deficiencies,which requires that minors be provided with equal attack and defense means through the setting of procedural systems to ensure that minors substantially participate in the trial process.In order to meet this requirement,a more comprehensive system design should be provided for minors in family trials: first,at the level of basic principles,the basic principles of procedural protection of the interests of minors in family trials should be comprehensively established,and the basic principles should be strengthened.Specific rules and guidelines for judicial practice;second,at the level of the subject system of litigation,by appropriately expanding the litigation capacity of minors,some minors with the ability to make sense are entitled to participate in the litigation process independently,and by setting up interest agents The system solves the practical problems encountered by minors when they actually participate in the proceedings;third,at the level of minors’ participation in the proceedings,the establishment of a special jurisdiction system will facilitate the exercise of the rights of minors,and improve the mechanism for expressing opinions to ensure that no The right to express opinions of adults has been implemented;fourthly,at the level of fact-finding,by strengthening the court’s authority to detect and standardize the family investigator system,make up for the lack of minors’ ability to produce evidence,so as to realize the pursuit of reality in family trials.And then make the most favorable judgment for the juvenile.