Study on the Protection of Minors in Marriage and Family Litigation from 2020 to 2022
In order to better understand the protection of minors in marriage and family cases,an empirical study was conducted on 1382 minors'cases of second instance regarding to marriage and family from 2020 to 2022.The sample presents the following characteristics:about 56.8%of divorce cases has issues with underage children;a total of 1649 minors are involved,with an average age of about eight years old,with slightly more female minors.In Judicial practice,there are following problems:failure to effectively listen to the real opinion of minors;the scope of child maintenance is too narrow and the amount is generally low;neglecting the emotional needs and related rights of minors for parent visitation;unclear criteria for identifying"detrimental to the physical and mental health growth of minors";insufficient consideration of the property rights of minors.Therefore,it is necessary to fully recognize the significant importance of protecting minors in divorce cases;establish an independent juvenile trial court;study and formulate specialized judicial policy documents;carry out professional training on the protection of minors;explore the establishment of mediation mechanisms;deeply carry out family education guidance;give timely supervision and intervention in cases of infringement on the rights and interests of underage children;and strengthen the construction of social support system.
Rights and Interests of MinorsProtection of MinorsMarriage and Family Litigation
NETL
NSTL
万方数据
