The Interests Of The Minor Child In The Family Litigation Protection Research

For a long time, the lawsuit of the family cases involving teenagers have been in use of the common civil procedure mode, and the parents departmentalism has been always in the dominant position. However, minors have no clear cognition of litigation rights and the consequences. And they have no ability to accurately express their views and demands. So they are in an obvious weak position in the adult human dominated litigation, which will inevitably cause damage to the rights and interests of minors. How to practice the principle of maximizing the interests of minors is the main direction of study in this paper, especially how to guarantee the rights of the minor to survive and develop in the family litigation which comes to minor civil right extensively. This paper started from the characteristics of family litigation and the principle of maximizing the interests of minors. Then this paper expounds the necessity of establishing juvenile protection system of the interests of minors. Then this paper described the status quo of family litigation procedure in our country state. In order to make the minors’ benefits can get full and reasonable security in our family litigation, this paper made a comparative study on foreign successful experience and analyzed the construction of juvenile protection system of the interests of minors in family litigation in our country. Besides, this paper discussed from six aspects which are improving the working standards in the family cases, establishing a system to protect the interests of the minors, establishing and improving the "Listening to Their Children’s Opinions" system, implementing of parental education plan before the divorce and improving the compensation fee system.