On The Improvement Of The Legal Agency System For Minors

Minors have natural weaknesses in cognitive ability,language expression ability,economic ability and litigation skills,so the actual effect of their litigious activities needs to rely on the operation of the litigation agency system.In our country,the system of agency litigation,which is the core of the minors litigation agent system,plays an important fundamental role,but the legal system of litigation agency of excessive dependence on the guardianship system lead to minors fail to participate in litigation as an independent civil subject,the legal agent ad litem for minors say excessive monopoly makes the essence of the proxy system was distorted.In judicial practice,the absence of legal agents and the antagonism between the interests of both parties often occur,and the protection of minors’ litigation rights falls into the blank area of the system.Starting from the perspective of problems and starting from typical cases in judicial practice,this paper tries to find out,sort out and summarize the applicable problems of legal action agency system for minors in China,and dig out the underlying institutional roots behind them,such as the wrong legislative presupposition of the coincidence of interests between the two sides,the absence of supervision in the agent process,and the unclear provisions related to the legal representatives of the units.The existence of factors makes the legal agency system appear to be more difficult to deal with exceptions.Secondly,by examining the current courts’ response to specific dilemmas and discussing the issue in civil litigation theorists,we find that there are different degrees of flaws in the rationality and actual effect of our current schemes.In view of this,this article attempts to stand in a brand-new angle of view of the system,and through the mature experience of the treatment of extraterritorial countries(regions),introduces the special litigation agency system of minors as a temporary and exceptional system adjusted by the civil procedure law,so as to perfect our legal litigation agency system and solve the problem of juvenile litigation agency.Compared with the way our country handles it now,the special litigation agency system of minors has unique advantages in the comprehensiveness of functions,the efficiency of procedures and the rationality of the way.Its value lies in making up for the omission of the legal litigation agency system,improving the legal litigation agency system and the civil litigation agency system in our country,and responding to the judicial practice to solve the problem of juvenile agency.Call.At the same time,the construction of the system will also conform to the juvenile justice reform that maximizes the interests of minors and realize the special protection of minors’ litigation rights.When the system is constructed,it is necessary to examine the specific design of the relevant systems of the overseas countries(regions).Among them,there are not only thespecial litigation agency system in the continental law countries(regions),such as Germany,Japan and Taiwan,but also the special litigation agency system which is superimposed with the system’s function and value,such as the designated litigation assistant system in the United Kingdom,the designated litigation guardians system in the United States,and the special administrative personnel system in France.Although there are differences in legislative design and judicial practice in different countries(such as system name,application situation,agent selection and scope of agency authority),the implementation of the principle of child orientation,the implementation of the principle of maximizing the interests of minors and the realization of the value of state guardianship will be the construction of China’s special litigation agency system.Construction provides theoretical support.In the construction of the special litigation agency system for minors in China,we should grasp from the following aspects: the applicable circumstances,the determination of agents,the agency authority of agents,and the supervision and relief mechanism.Under the circumstances of the absence of a legal representative of a minor,the inability to act as agent,and the inability to act as agent or agent,it is advisable for a judge of the court of appeal to act as an independent agent ad litem for the minors in accordance with the application or authority of the party concerned.At the same time,relevant supervision mechanisms should be set up for the agent activities of special agents,so as to broaden the corresponding relief channels for the agents so as to ensure the good operation of the system.