A Research On The Exercise Of Parental Rights To The Child After Divorce

The article is on the belief of protecting the child's interest,by analyzing and studying the parental rights system,also by investigating the provision of exercising parental rights after divorce from a comparative law view.The article teases how the principle of best interest of the child protects the children in the practice in general theory.After analyzing the provision concerned in China,the article proposes some advice on the legislation.Beside the preface and the instruction of the article,the main part of the article is composed by three chapters:The first chapter concerns the system of parental rights,especially emphasizing the basic concept of parental rights,and the nature of parental rights.By the guidance of modern notion,the chapter tries to describe the concrete contents.After analyzing the contemporary provision in China,the end of this chapter gives the advice that the system of parental rights should be established in China civil law.The second chapter's main point is on the exercise of the parental rights.From a comparative law view,the chapter observes many countries' legislation,such as Germany,Swiss,Japan and USA.By examining their legislations;the chapter considers that the legislation of Germany may give more experience to China.Then,the chapter analyzes the history of Chinese legislation.In the final,the chapter proposes some advice on the complement of China parental rights system.The third chapter is on the discussion of the basis of the parent who will exercise the parental rights after divorce.The core content of the chapter is analyzing the concretion of the principle of best interest of child in practice,also on the auxiliary standards in the realization of the principle,for the purpose of child's best interest.In the final chapter,on the premise of China law,the obligation of the parent without parental rights is concerned,especially the right of raise and the right of visitation.The conclusion part gives the advice on the exercise of the parental rights in China's legislation.The article believes that only by institutional establishment in law can protect the child's interest.This means that,in the marriage law and family law,the principle of common protection child's legal interest should be changed into the principle of best interests of the child.In the settlement of divorce,the protection of the interests of the child also should be considered adequately.