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The civil action minors litigation system

Author: ZengZhuZuo
Tutor: WuShengJian
School: East China University of Political Science
Course: Legal
Keywords: Minor Agent ad litem Statutory litigation Specify litigation
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 53
Quote: 0
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Abstract


Minors usually considered in a civil action is legal capacity, and can not personally participate in the proceedings, only through litigation agent on behalf of its exercising the rights and performing their litigation obligations. China's Civil Procedure Law only no legal capacity of minors provisions of a legal representative to act on his behalf in litigation behavior, and the litigation legal representative in the general case is the General Principles of the Civil Law, the guardian. Guardianship system in our country is not yet perfect, no guardian of minors, guardians of minors in conflict of interest in the litigation, so they can not solve the problems of the existing legal provisions, to the rights and interests of minors protect brought obstacle. In this paper, the value of an agent ad litem for minors set, the interpretation of relevant legislation, existing laws can not solve the problem, analyze the problems generated by the judicial practice, the original and improve our idea of ??minors litigation system. The article is divided into three parts, the first part defines the object of study and the scope of the study, the litigation and general civil agency define whom the the ad litem agent minors range, and this study The Litigation agents specialized set of legal proceedings is no legal capacity to agents and designated agents ad litem. The second part, from the study of civil litigation legal minors litigation system to start, briefly the history of our legislative system changes pointed out the defects of the existing law, and then combined with the problems in the judicial practice and by analyzing the cause of the problem, should be the perfect view of the Civil Procedure Law of China minors litigation system. The third part discusses specific ideas on improving the the minors of Civil Litigation litigation system, first proposed adhering to the spirit of the United Nations Convention on the Rights of the Child \people the fundamental value of the litigation system oriented. Secondly certainly the basis of our current legal system of litigation, should be read in conjunction with the social development situation its perfect. And then focuses on the recommendations to specified litigation system for minors, and last raised the matching minors litigation system should improve the legal system, that improve the guardianship of minors civil substantive law system, and so on guardianship of minors is no longer easy to come to nothing, and also to avoid the statutory agent can not be achieved due to the situation of unaccompanied minors in the civil action, resulting in litigation delay is damaging to the rights and interests of minors; addition, in civil proceedings establish the appropriate method in the the minors court system, let the minors, when necessary, be able to fully express their will, and thus truly maximize the interests of minors \

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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