| It is not uncommon for children in domestic proceedings to have conflicts of interest with their parents.Juvenile children who are in litigation will face further problems such as difficulty in prosecution,difficulty in responding,easy to ignore opinions,and vulnerability to the mind.However,although the existing monitoring and supervision system,legal aid system,and psychological counseling system can alleviate the predicament,they cannot solve the problem comprehensively and thoroughly.The Guardian ad litem system for children came into being.It is not uncommon for children to have conflicts of interest with their parents in domestic proceedings.Children who are in litigation will face difficulties in prosecuting,responding,vulnerability to the mind and their opinions can be easily dismissed in the court.However,although the legal system offers psychological counseling assistance and legal aid to alleviate the predicament,the problem can still persist since it’s not thoroughly dealt with.As a result,the guardian ad litem system for children came into existence.The guardian ad litem of a child occurs when there is a conflict of interest between the child and the parents.The legal concept was introduced due to the shortcomings of the legal agent and the attorney of the child in term of their objective inability or subjective unwellness to perform their duties.Thus,the child’s best interests are damaged.The guardian ad litem is a special type of agent appointed by the court to protect the interests of the children.The court grant the guardian ad litem an independent litigation status to examine,cross-examine,summon witnesses and offer testimony at hearing;and prior to the hearing,by interviewing people with close contact with the child meticulously understand all aspect of the case.Thus,the bridge between children and the court is shorten,trauma is avoided,and the best interest of the children are protected.This paper will explore the merits of the guardian ad litem system and the manner of its application and its promotion in the family courts.To understand more about this issue this research study will use case analysis,data analysis and comparative research methods to analyze the implementation of the guardian ad litem system in Putuo District Court in Shanghai.Where applicable,if the child does not have a legal representative,or if the childhas a serious conflict of interest with his or her legal representative,the party may apply to the court or the court may,in accordance with its authority,appoint an agent for the child.Child guardian ad litem candidates are recommended by the Communist Youth League,youth protection organizations,lawyer associations and other institutions to recommend lawyers,counselors,educational institutions,experts,scholars and other personnel and volunteers who apply to become guardian ad litems of children.composition.The judicial administrative departments of each region shall select them according to the standards of good conduct,fairness,rich social experience and strong professional ability,and formulate a list of guardian ad litems for children for the court to select when necessary.After the guardian ad litem of the child has accepted the designation,he or she should contact the child,use the appropriate method to detect the inner will of the child,and conduct necessary investigations to understand the family environment of the child and the surrounding environment.In the lawsuit,the child guardian ad litem needs to assist the child to answer the court’s inquiry and speak for the child.After the complaint,the necessary return visits should also be made to pay attention to the placement of children.In order to conveniently designate the agent’s performance,he should pay the corresponding remuneration and carry out the necessary training.At the same time,the court and the judicial administrative department should supervise and evaluate it to form a joint force and better maintain the child’s procedures.With the interests of the entity. |
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