On The Construction Of The Minor Procedural Assistant System In Family Litigation

In 2018,the Supreme People’s Court issued the Opinions on Further Deepening the Reform of the Method and Working Mechanism of Family Adjudications(Trial).The opinions contained 49 articles,among which 9 articles were related to the rights and interests of minors,and 13 contents mentioned minors in the whole text,indicating that the reform of family adjudications attached great importance to the protection of the rights and interests of minors.Minors do not have full capacity for civil action in family litigation,they are in a disadvantageous position compared with adults,and their interests are easy to be damaged or ignored by legal agents or other parties.In social reality,the parties in divorce proceedings often violate the interests of minor children.Some guardians force minors to appear in court to testify about the other party’s "infidelity" or domestic violence,some guardians are "forced" to give up the custody of minors for the purpose of divorce,and some guardians forcibly change the living and learning environment of minors for the purpose of custody,causing extreme panic and unease in the hearts of minors.The guardian is the primary person responsible for safeguarding the rights and interests of minors,but when it conflicts with the interests of minors,the "first line of defense" no longer exists.The agency system of "guardian" based on the benevolent guardianship of parents is prone to marginalize minors in litigation,and the rights and interests of minors are often ignored and infringed upon.In this case,as the subject of the rights and interests of the victims,the minors are also faced with the dilemma that it is difficult to prosecute,difficult to answer the lawsuit,and their opinions are ignored.However,the existing guardianship system and legal aid can not solve this problem well.At this time,how to protect the rights and interests of minors has become a judicial problem in the field of family litigation.In order to further expand the depth of theoretical research,on the basis of the beneficial results of judicial practice,this paper uses the research methods of literature analysis and comparative analysis to clarify the concept,scope and characteristics of procedural assistants for minors in family litigation,and analyzes the rational theoretical basis of the establishment of procedural assistants for minors,explaining the necessity and feasibility of the construction of the system.Comparing the current situation of the system in Taiwan areas and Germany,it concludes that the minor procedure assisted person system should be built in our family litigation.By using the method of case analysis,the author introduces the existing practice exploration and analyzes the problems encountered in practice exploration assisted by the program.The final research aims to put forward a preliminary design of the construction of the system in family litigation,clarify the subject status of minors in family litigation,cohesion related to the content of substantive law,and give preliminary suggestions in terms of applicable conditions,selection system,rights and obligations of auxiliary minor procedural person,so as to ensure as far as possible the maximization of minors’ rights and interests in family litigation.