Research On The System Of Children's Interest Representatives In Family Cases

With the development of society,family cases are more and more frequent,and the situation is more complex.There are still some problems to be solved in the process of promoting family trial reform in China.For example,when the guardian is absent or infringes upon the minor's interests,how can the minor's children's interests be protected?Under the background of the current legal system in China,the above-mentioned problems are usually relieved by suing to revoke the guardianship of the legal representative of the children and appointing new guardians,and then bringing the guardian model to safeguard the interests of the minor children in the name of the new guardian.However,this relief method of first changing and then prosecuting seems too circuitous to protect minors in time,especially those who are in critical condition under the serious violation of guardians.Foreign countries and regions adopt the system of child interest representatives to solve the problem of absence of guardians or conflicts of interest with their children.The system of child interest representatives refers to the law when minors and their guardians have conflicts of interest and improperly exercise their rights,or when the guardians of minors are unable to exercise their guardianship for reasons,or when it is necessary to protect the interests of minor children.The procedural subject of protecting the procedural interests of minors shall apply for or be appointed by the courtyard on the basis of minor children or stakeholders or on the basis of their functions and powers.Starting from the actual situation of our country,this paper compares and draws lessons from the overseas mature child interest representative system,trying to construct the child interest representative system in line with China's national conditions,in order to make up for the shortcomings of the guardian model itself and realize the maximum interests of minors.The paper is divided into four parts,the following is the specific content of each section.The first part mainly describe the concept of children's interest representative system,sorts out the historical evolution of children's interest representative system and expounds the legal basis of children's interest representative system,and compares children's interest representative with related concepts.Clarify the connotation of the children's interest representative system and provide the main line for the following discussion.The second part mainly analyses the necessity of establishing the children's interest representative system in China from two aspects: the dilemma of rights protection under thelegal agent model and the procedural guarantee of minor rights.The third part mainly analyzes the construction of the foreign region system of children's interest representativet through comparative perspective.Through the analysis of the extra-domain samples,the enlightenment of foreign region experience to China is obtained,which is used for reference in China.The fourth part mainly conceives the establishment of the system of children's interest representative in China,and further improves the system of children's interest representative in China through the construction of supporting systems such as supervising prosecution,supporting prosecution and return visit after court.