Research on the Maximization of Minors’ Benefits in Family Litigation

DOI

10.2991/aebmr.k.191225.180How to use a DOI?

Keywords

family litigation, minors, benefit maximization, procedural protection

Abstract

As a special group, minors have always been the objects of special protection in various fields, especially in family litigation. Compared with ordinary civil lawsuits, family lawsuits are significantly more personal, special, and public. Minors in family lawsuits need more comprehensive procedural protection due to their own importance and the limitation of age and intelligence. At the same time, the principle of maximizing the protection of the interests of minors has always been the principle followed internationally. China has also signed the United Nations’ Convention on the Rights of the Child and two protocols. In 2011, the State Council promulgated the Outline for the Development of Chinese Children (2011-2020) in accordance with the actual situation of the protection of children’s rights and interests in China. The Supreme People’s Court and the Supreme People’s Procuratorate have also made corresponding judicial interpretations of laws involving minors, forming a legal system in China that maximizes the protection of the interests of minors. On this basis, in view of the deficiencies in the protection of minors’ rights in China’s civil proceedings, it is particularly important to pay more attention to and improve the interest protection system for minors in family litigation. This article starts with an analysis of the reasons for the lack of protection. This paper starts with an analysis of the reasons for the lack of protection. Through a comparative analysis of extraterritorial family litigation procedures, it will improve the four aspects of guaranteeing the participation of minors in procedures, improving the procedural assistance system, establishing a professional trial team, and establishing new types of psychological intervention and defense mechanisms, thus, the interests of minors in Chinese litigation should be maximized.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Zhiying Yan
PY  - 2020
DA  - 2020/01/07
TI  - Research on the Maximization of Minors’ Benefits in Family Litigation
BT  - Proceedings of the 5th International Conference on Economics, Management, Law and Education (EMLE 2019)
PB  - Atlantis Press
SP  - 944
EP  - 949
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.191225.180
DO  - 10.2991/aebmr.k.191225.180
ID  - Yan2020
ER  -