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

The family dispute is concerned with the private interests of the parties,the public welfare of the family order and the interests of the minor children,most of the countries have set up the procedure for the domestic matter cases-the family litigation procedure.The family litigation based on the family dispute,which has its special features compared with the general civil lawsuit,the first is the particularity between the parties in the family litigation,the second is the lawsuit of the family is litigant,and the third is the social welfare of the family lawsuit.In family litigation,it is necessary to protect the interests of minor children based on the characteristics of physical and mental development of minors and the particularity of their civil rights and interests.In the outside,in view of the particularity of the family case,the judicial system of the states of the United States,as a case law country,has juvenile justice organizations,which are strict with the judges of the family court,which stipulates the auxiliary judge mechanism for the discovery of facts,introduces the parents education curriculum in the divorce,and the appropriate expansion of the litigants in custody,and the direct decisions of the family judge.Australia's involved the family law emphasizes the principle of best interests of minor children,stipulates the special jurisdiction system for the family affairs of minors,provides the system of the representative of the minor children,defines the family dispute mediation,and stipulates the consultant and registrar system.The continental law system,represented by Germany and Japan,specialized in the case of domestic affairs,set up the family trial procedure or established the family court.The family incident law in Taiwan has changed the regulations on the dispersion of family dispute resolution procedures in the past,established an independent family trial procedure,set up a separate family court,and established the system of program supervisors,which aims to maximize the interests of minors.Procedural law in our country has not yet to have an independent family trial,the existing legislation in the form of law and judicial interpretation provisions relating to the interests of the minor children in family cases involving slightly.Starting from June 1,2016,a total of 100 local people's courts and intermediate people's courts have launched a two-year pilot work on family affairs and working mechanism reform.All courts in China have different exploration practices on how to protect the interests of minor children.This article selects the four provinces of Guangdong,Shandong,Shanxi,Zhejiang province court practice.In general,our country existing legislation to the trial of cases about underage people,especially in marriage and family cases,tend to follow the parents selfish departmentalism,and the protection of the interests of minors only stipulates more abstract individual provisions.Judicial practice about juvenile people's litigation has been used ordinary civil litigation mode,which is not conducive to protecting the legal rights and interests of minors,for instance,minor family litigation jurisdiction is not reasonable,the principal position of minors to participate in the family litigation without guarantee,no mandatory mediation prepositional procedure of family dispute,lack of system of investigation,mediation divorce has the minor children's agreement content lacks the substantive review,the custody right and the custody fee pays have lack of specific standard,the specific performance of the visitation right has the question etc.In response to the above problems,this article have suggestions to improve minors participate in the family litigation jurisdiction,guarantee the subject status of minors participating in family affairs litigation,set up the compulsory domestic dispute mediation procedures,establish the system of investigation,substantive examination of the content of the mediation agreement involving minor children,the specific standards of the custody and child support payment,Specific performance of visitation rights etc.,in order to make the interests of minor children in our family litigation have fully and reasonable protection.