The Plight Of Minors To Participate In The Civil Action And The Way Out

At present, in China’s less involved in civil trial in, adhere to the traditional meaning of civil law and guardianship theory, without the participation of adults in the civil litigation in legislation and Judicial Dilemma, deprived of the due meaning right and qualification. This paper hopes to the legislation and the judicial practice examine intentions remind learn exists in the circle and the practice circle pay close attention to judicial practice but to turn a blind eye problems. Firstly, This paper from the aspect of international treaties and domestic laws and judicial interpretations and legislative layer describes the minors in our country to participate in civil cases involving less legislation present situation, and then from the judicial level in a city, the juvenile court hearing less involved in civil cases as examples to analyze, summarize the judicial level minors involved in the situation of the practice. Then the article from the status quo, leads to the minor participation in civil cases involving four problems, mainly for the lack of legislation, the lack of judicial intervention, the lack of subject status and social forces involved in the limited. To solve the problem, the article analysis summed up China’s minors involved in less involved in civil cases, the deletion of the four causes: "parents centrism" value bias, criminal judicature pattern in minor civil trial field expansion of misconduct, not adults of litigation and litigation are habitual wrong ideas and adversary less involved in civil trial in improper establishment. Finally, the from the not the interests of the minor maximization, child development and implementation the necessity of civil rights of personality of from judicial philosophy,judicial mode and some concrete path to participate in the minors involved in less involved in civil cases and puts forward concrete suggestions. The article thinks, due to not minor civil litigation multiple special, doomed in legislation and judicial practice must be out of the stereotype of traditional mode and concept, to "not to maximize the interests of the minor" principle as the guidance, while taking into account the lawsuit in each other’s interests, in litigation mode and principle of litigant and authority, to construct a hybrid is effectiveness and minors involved in less involved in the lawsuit mechanism of civil litigation.