A Research On The Protection Of Minor Children Of Divorced Couple

The child is the blossom of our motherland, bearing the future of our country. With the rising divorce rate, more and more minor children's quality of life has decreased. What is worse, some children whose parents have divorced are lacking of protection; their living state is terrible. Guardianship system is QinQuan's complement and outspread; it plays an important role in protecting childrens'rights.This paper is divided into three parts. The first part briefly introduces the cases which reflecting the controversy. This part briefly analysis protection of the interests of minor children based on some cases. The second part states about monitoring provisions for minor child after couple has divorced, at the same time, author also expounds the existing problems in this system. First, the author discusses the standards of choosing the direct raiser for minor children when parents divorced. When dealing with the problems of choosing the direct raiser for minor, courts in mainland generally apply to Marriage Law and Specific Advice about Handling Upbringing Problems of a Divorce Case issued by supreme people's court. Its basic purpose is to legitimate rights and interests of minor children, but in practice, the specific standard of direct raiser establishment fails to conform, which causes the failure of minor children protection universally. Second, the author discusses the problem of support payment for minors. Maintenance burden, amount, alteration, enforcement of the payment and the payment method are discussed. Finally, the author analyzes the relationship between parents and children after divorce, and points out the problems existing in current legislation, such as ignoring minor children' interests in divorce process; lacking of protective regulations for minor children in the process of property division and it's difficult to execute maintenance etc. The final part gives forwards several ways of perfecting the legislation of minors guardianship system. Laws of China on minor children guardianship system are not perfect, especially the guardianship provisions of the minor children whose parents have divorced, the content can be enriched and legislative idea should keep pace with the times. Connecting with the practical situation of China, and on the basis of predecessor's research achievement, I think out several suggestions to perfect this system. First, adding personal and property content to make guardianship system sufficient and full. Second, making the standard of the direct raiser establishment clear. Third, making sure that parents should pay maintenance until children have finished their study, the deadline is the day they finish their graduate education. Fourth, building up support enforcement system and improve the realization of maintenance ratio. Fifth, setting up guardianship watchdog, promoting the effective implementation of the guardianship legislation. Sixth, perfecting visitation system. In the end, I make a summery.