Research On The Protection Of Minors’ Procedural Rights In Family Affairs Litigation

Minors have the special status interest endowed by the law,which has the legitimacy of being protected and the nature of public welfare.It has long been a social consensus that more protection should be given to the rights and interests of minors in family affairs litigation.However,there is a lack of the principle provisions of the upper level law and the specific provisions of the department law in legislation,and there is an operational contradiction between tender justice and the protection of the procedural rights and interests of minors in judicial practice.Therefore,only when the procedural rights and interests are guaranteed clearly in the legislation and concrete measures are constructed in the judicial practice can the procedural rights and interests of minors be fully realized.This paper studies the protection of minors’ procedural rights and interests in family litigation.Based on the current situation of the protection of the procedural rights and interests of minors in family litigation,this paper makes clear the necessity of the protection of the procedural rights and interests of minors in family litigation,and analyzes the deficiency of the procedural rights and interests of minors in China.This paper also puts forward some suggestions and countermeasures to realize the protection of the procedural rights and interests of minors in family litigation,including: in the legislation of family litigation,the basic principles of the protection of the procedural rights and interests of minors should be clarified,the delineation standard of the litigation capacity of minors should be refined,and the right to decide and choose the rights and interests of minors should be protected in the future.Through further countermeasures such as the establishment of the auxiliary person system to protect the minors’ right to know and to participate,the establishment of the judge’s personal hearing system and the family affair investigation system to endow the family affair judge with greater authority to discover the power,the introduction of psychological counseling mechanism to reduce the emotional impact of family litigation and the legislation and the implementation of judicial channels such as the return visit mechanism,the procedural rights and interests of minors in family affairs litigation will be better guaranteed.As a special status interest endowed by law,minors have the legitimacy of protection and public welfare.Although it has long been a social consensus to give more protection to the rights and interests of minors in family affairs litigation,there is a lack of principle provisions and specific provisions.