| In the procedure of family affairs,it is not uncommon for minors to have conflicts of interest with their legal litigants or legal litigants to be unable to exercise the power of agency.In this case,minors who are involved in it will face a series of problems such as difficulty in prosecution,inability to respond to the lawsuit,and lack of attention to the expression of opinions.In order to solve the problem of minors’ litigation agency and avoid the protection of their litigation rights and interests falling into the "vacuum zone",the system of minors’ procedural assistant came into being.The minor procedural assistant is the professional assistant who accepect acommission by the court for the minor children upon the request of the interested party or by the court according to its authority so as to protect the procedural rights and interests of the minor without litigation capacity in the family affairs proceedings.As a special defender of minors’ interests,minors’ procedural assistants have played an important role in assisting minors to participate in litigation,helping minors to express their opinions,and ascertaining the true wishes of minors.It can be said that the setting of this role broadens the expression channels of minors’ wishes,strengthens the procedural participation of minors in family affairs,and provides a new relief means for minors whose interests are damaged.At the initiative of the Supreme People’s Court,China carried out the reform of family trial mode and working mechanism in 2016,and many pilot courts began to introduce the relevant mode of procedural assistant in family events and achieved preliminary results.However,through the investigation of the "litigation guardian model","children’s rights representative model" and "minors’ interests representative model" in China’s judicial practice,it is found that due to the lack of uniform legislative norms,they have always been restricted by such problems as unclear scope and conditions of application,unscientific selection mechanism,unclear rights and obligations,and imperfect supporting mechanisms in practice and exploration,and cannot effectively play their due role.So as to ensure the standardized and smooth operation of the minor procedural assistant system and realize the specialization of family justice,we can build the framework of the minor procedural assistant system that is suitable for China’s national conditions by extracting the excellent work experience of the pilot courts and supplemented by the mature systems of foreign countries and regions.Specifically,first of all,we should formulate legislation related to the system of procedural assistance to ensure that the system of procedural assistance has laws to follow.Secondly,we should make clear the scope and conditions of application of the procedure assistant system,scientifically design the selection mechanism of the procedure assistant,specify the scope of the rights and obligations of the procedure assistant in detail,and improve the supporting mechanism of the procedure assistant system to provide security for the operation of the procedure assistant system,in order to better safeguard the legal rights and interests of minors in the family event procedure. |
