The Legislative Shortage And Consummation Of The "the Child's Best Interests Principle" In The Abnormal-relationship Between Parents And Children

With the arise of the idea of welfare state and children rights, the children become to be considered as the subject of children rights instead of as the object of it. "The World's Children Rights Treaty" established "The Child's Best Interests Principle", which was considered as the principle that every country observe when they dealing with children's business. This principle includes two connotations, on one hand, children should be regarded as the individual who has the right, on the other hand, the interest of children must be higher than that of the adult. The correctness of the protection of the children's interest can be explained not only from the view of ethics but also of sociobiology.The article discusses the background, content, rational basis of the "The Child's Best Interests Principle" systemly. The emphasis is put on in the analysis of the insufficiency of legislation of marriage law on the protection of children's interest, particular in abnormal- relationship between parents and children. This article propose to set up "The Child's Best Interests Principle" in marriage law, by refer to the foreign law, and the author also pose the suggestion about the consummate of the abnormal-relationship between parents and children child interests protection.