| In recent years,the number of family cases has an increasing trend,and the proportion of family cases involving minors has also remained high.It can be seen that family disputes are an important area of cases involving minors,and the protection of minors’ rights and interests largely depends on the proper handling of family disputes.Protecting the legitimate rights and interests of minors in family trials is not only an inevitable requirement for protecting minors,but also an important part of preventing juvenile delinquency and promoting social stability.Family case has its own special characteristics which distinguish them from ordinary civil cases such as specificity on subject,privacy and it is also a public welfare.Therefore,the handling of family trials requires special attention from the procedural law in order to repair family relations,protect the rights of the weak,and also aims to safeguard the goal of social stability.Currently,there are many shortcomings in the protection of the rights and interests of minors in the field of family trials in our country.First,current laws and regulations are still insufficient to provide protection of the rights and interests of minors.More relevant regulations appear at the level of substantive law,such as criminal law.In the field of family trials where related cases are frequently appeared,however,we pay little attention on it,and it can only be adjusted by the legal agency system.However,in family disputes,it is difficult for the interests of parents and minors to agree,especially when the family guardianship is disqualified,the protection of the rights of minors is often in a "vacuum zone".The absence of procedural rights and interests protection makes the provisions for the protection of minors’ physical rights and interests a castle in the air,and it is difficult to obtain relief when their rights and interests are infringed.Second,our country applies general civil procedure in handling civil cases,which violates the characteristics and goals of family cases.Applying general civil procedures to the trial of family cases will bring tremendous pressure on the judges and may cause secondary emotional harm to the parties.In particular,the rights of minors,including the right to participate and to express their willings,are difficult to realize.Third,the current exploration of family trials in our country is entirely dependent on reform pilots.While gaining a certain amount of experience accumulation,it should be realized that the legal documents issued by various regions may be suspected of overriding the legislation,and the standards vary from place to place.Concerns about family trials and the rights of minors lack the guidance of legal principles,and this concern should be raised to the legislative level for implementation.Many countries have carried out family trial reforms,and established family trial institutions and family trial procedures which suitable to their actual conditions.All of them have achieved good judicial results.Their experience has greatly inspired the reform of family trials in our country.Based on our country’s accumulated experience in family trials,and with reference to the advantages of extraterritorial legislation,this article attempts to explore the development direction of the juvenile protection system in our family trials.Our country should set up family courts and design special trial procedures for family trials to hear family cases under the principle of minor benefit maximization.And it is also important to protect minors,who have the ability to express their willings,to participate in litigation,and endow minors with the corresponding ability to express their ideas.For minors who do not yet have the ability to express their will,they should be equipped with a program assistant to help them participate in litigation and express their wishes.Through the implementation of the aforementioned systems,the rights and interests of minors in family trials can be protected to the greatest extent,which is also the requirement for my country to improve the legal system and achieve fairness and justice. |
