Study On The Protection Of Minors’ Rights Under The Family Justice Reform

In recent years,more and more family dispute cases in our country involve minors.Minors,without the ability to live and work independently,need the support,protection and care of others,and are the vulnerable groups in life.The protection of minors’ rights and interests in family litigation is particularly important.In China,there is no special family Procedure Law or family court,and relevant provisions are scattered in the Civil Code of the People’s Republic of China,the Law on the Protection of Minors and other laws and regulations.In 1989,the United Nations has clearly defined the principle of maximizing the interests of children in its official documents.Many foreign countries have established independent family courts,and the relevant legal provisions and system design are relatively perfect.Since China launched the reform of family trial in 2016,after several years,significant progress has been made in the protection of minors’ rights and interests in the judicial practice of family litigation.However,there are still some problems in the protection of the rights and interests of minors in the family trial in China,such as the lack of procedural law support,the shortage of substantive law supply,and the need to improve the auxiliary system.Therefore,in order to improve the protection of the rights and interests of minors in our family litigation special system,this article from the current legislation in our country’s reality,in combination with judicial practice,through the analysis and reference,comparison,Germany,Japan,China Taiwan region of the legal system of parent-child relationship evolution process to gain inspiration,make introduction to the current law,make the idea for future development,Based on this,the author discusses the problems of procedural system,entity system and auxiliary system emerging in the current legal system of family justice in China,and puts forward targeted and optimized suggestions and suggestions,including the design of procedural interests for the protection of minors’ rights and interests: Appropriate breakthroughs in civil litigation jurisdiction,property preservation by the court in accordance with its authority,protection of minors’ rights and interests in pre-mediation,visitation right supervision system,the establishment of special trial institutions,etc.The protection of entity interests of minors’ rights and interests: the perfection of agency system,factfinding system and auxiliary system,so as to make the relevant system more scientific and reasonable and practical.Finally,it is hoped that in the field of family litigation,the legitimate rights and interests of minors should always be placed in the first place,and some specific institutional measures should be taken to establish a scientific mechanism to protect the rights and interests of minors.