The Protection of Right of Minors to Express Their Opinions in Family Litigations

LIU Min

Abstract: The right of minors to express their opinions in family litigations refers to minors, who have a certain degree of mental capacity and assertiveness, having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests, and to request the courts hear their opinions. In essence, the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights. As for the protection of the right of minors to express their opinions in family litigations, recognizing the status of minors as independent subjects of rights is the logical premise, the procedural guarantee for the rights of the substantive parties involved is the direct cause, and ensuring the best interests of children is the fundamental reason. In order to protect the right of minors to express their opinions in family litigations, China should standardize the mechanisms for judges to hear the opinions of minors directly, improve the mechanisms for family investigators, and establish mechanisms for representing the interests of minors.

Keywords: family litigations · the right of minors to express their opinions · procedural guarantee · ensuring the best interests of minors