On Achieving The Best Interests Of The Child Principle After Divorce

The minor children are independent subjects of rights;people should respect their legal status,and protect their rights and interests.The best interests of the child principle is the highest criterion for children's rights.The principle asks people to achieve the biggest interests when they are legislating and executing the law. The minor children are special groups,and protecting of children's rights and interests is an important problem. The thesis refers to the best interests of the child after divorce.I hope that people can pay attention to it after the discussion of the best interests of the child principle, and they can try their best to do for children's best interests.This thesis analyses China's current legislation on direct custody and the maintenance of the child after divorce.The paper also analyses the foreign countries' legislation.In the end,I give the legislative assumption about the best interests of the child in our country.The paper consists of preface,main body,and conclusions.The first part of the main body has a run-through of the best interests of the child principle.In this part,the connotation will be interpreted.Then I discuss the meanings of this principle.Finally,I study the historical origin of the legal status of the child.The second part of the main body analyses China's current legislation on achieving the interests of the child. In this part,two questions are studied.One is the legislation on direct custody of the child after divorce; the other is the legislation on the maintenance of the child after divorce.The third part of the main body compares the legislation on the best interests of the child principle overseas.From the comparison and analysis,I find that many foreign countries have established the best interests of the child principle.The last part of the main body puts forward the legislative assumption about the best interests of the child in our country.Firstly,the best interests of the child principle should be added to the general rules in our law of marriage.Secondly,we should achieve the best interests of custody of the child after divorce.On the principle of custody performance,we can allow one person performs it or parents perform it.When deciding to be the direct guardian,we should consider the interests of the child,regard the ideas of the child and analysis the concrete situation of the parents.We should also establish the supervision of custody system and perfect the visiting authority system.Lastly,paying the maintenance of the child after divorce should stick up for the best interests of the child.We can set up the special funds for the maintenance;broaden the base of the maintenance.And we should perfect the supervision system of the maintenance,change system of the maintenance,and the system of putting teeth in the maintenance.