Research The Production About Minor Interests In Family Litigation

The model of ordinary civil procedure for the minor in the case of domestic procedures which has longbeen applied to the judicial practice in our legal system is not that applicable to the minor and cannotseriously protect their benefits. Special principles of lawsuit and action have been established on the basisof protecting minors in many other countries and regions. Actually in our country, the special procedure forminor criminal procedure different from ordinary civil procedure has already been accepted and put intopractice in our legal system, nevertheless, there is no special rule for minor civil dispute cases. Therefore,deeper and more systematic discussions are needed as to whether it is necessary to adopt a specialprocedure for minor civil dispute cases different from ordinary civil procedure. Under currentcircumstances in our country, besides the establishment of big organisations, cost of operation is muchmore needed in order to make a special procedure for minor civil procedure solely. In the trial of minorcivil dispute cases, bringing the existing procedure mechamism in our legal system into full play, using allkinds of procedure mechanism regulated in our Civil Procedure Law, in addition to other perfection, allthese can characterise minor civil trial and supplement the deficiency in the protection of the benefits ofminors in the light of many other difficulties before the amendment of related organisations or ProceduralLaw. The principle of "top priority for all the benefits of the minor" can be formed and made it basicprinciple for minor civil case trial regarding the legislative defects in our legal system.This paper makes an analysis in the angle of a family litigation and tries to find out experiences andconstruction which can supplement and perfect the current situation of civil procedure procedure in ourlegal system, combining related legislation and judicial practice at home and abroad as well as in otherregions.This article contains introduction, text and conclusion, the text have four parts:The first part begins with the basic theory of family litigation, which the concept and characteristics offamily litigation, secondly procedure law, stressing that it is not that applicable to family litigation using"procedure legal separation" in the traditional theory of Civil Procedure Law and lastly leading to thebenefits of minors in family litigation.The second part introduces the problems in the protection of the benefits of minors in family litigation in our country, which, in the angle of our legislation and current judicial situation, analyses thedisadvantages of minors,the least beneficial part in family litigation, as a result of their age and lack ofcognisance and at last, points to the necessity of perfecting minor protection mechanism.The third part makes a survey of and makes a comment on the continental law in Germany, Japan andTaiwan region of China and the Anglo-American law system in UK and the US as well as minor protectionmechanism in family litigation in Australia.The fourth part, which firstly defines the scale of domestic minor cases, makes "top priority for all thebenefits of the minor" as the guiding principle, makes an exception for the legal law proxy system,tosafeguard the minor interests in family litigations is always in the primary status.Establish the authority ofthe family litigation in mode, the purpose is to strengthen the judicial intervention, play the judge’s activefunction.To make some specific designs in proceedings for scientific, reasonable and humanized improvethe protection of minors mechanism.