| Summary: | 碩士 === 國立成功大學 === 法律學系 === 105 === SUMMARY
“Guardian ad Litem” is a system unique to the Civil Procedure Law and the Family Proceedings Act. Due to the change of the family members' relationship between persons and individuals, the protection of the family composition and minor's interests within the family affairs affects the rights and interests of the third party, so it has the public welfare considerations different from the disputes over the general civil property rights. The State (court) has a greater scope for intervening and discretioning family affairs as compared with the civil property disputes over the power of property rights, so that the procedural rights of the minor and the hearing right for the juvenile can be effectively realized, and this is also the case of our family law. Guardian ad Litems are personally involved in the process of family affairs in order to protect the minor children and the custodian's proclamation, and directly affect the judge by acting independently as a procedural act within the scope of the supervisor. The trial results can be said to have concrete implications for people's participation in judicial trials to enhance the professional knowledge of judges outside the law and to enhance the conviction and judicial review of the connotation and effectiveness.
This article explores the legal basis of Guardian ad Litem and the application of the State Guarantee Liability in the case of family affairs in order to demonstrate the State's guarantee of the procedural rights and interests of minors and to examine the current Guardian ad Litem through the analysis of some judgments. In the end, we still need to return to the legislation of the countries of origin of Germany and the United States as a way to improve the Guardian ad Litem system in the future.
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