Comparative Research On Exercise Of Parental Rights After Divorce Between America And China

With the unceasing rise of divorce rate all over the world, the growth of the child living in post-divorce family has attached more and more country's attention. Parents divorce has profound negative influence to the child. In order to protect the interests of the child who has experienced the breaking family in a maximum scope, need the legislation has a systematic and comprehensive provision to support the goal. Also, the exercise of the parental rights after divorce is an important point to safeguard the minority groups. This article mainly analyses and studies the parental rights system between America and China from a comparative law view. At the same time proposes some advice on the complement of China parental system.Beside the preface and conclusion of the article, the main part of the article is composed by four chapters:The first chapter concerns the basic concept of the parental rights, mainly explain the nature and history development of the parental rights. As well as the content and principle about the exercise of parental rights. The concept of the parental rights based on the special status relationship between parents and their children. So it has exclusive nature. From the kindred-oriented in early phase and parent-oriented in modern times, and the parental rights has reached "child-oriented" period at contemporary times. The purpose of the parental rights is to protect and foster the minority groups. And the principle of the parental rights is "best interests of the child". The author mainly from three aspects to study the parental rights after couples divorce:(1) how to determine the direct custody person; (2) payment on the cost of maintenance to the child; (3) the ways to maintain parents'visitation rights.The chapter two use the comparative way to analyses difference between America and China on custody style, custody principle and the considered facts when determine the direct custody person. America take the "best interest of the child" as the first principle.But Chinese current custody legislation and executing still exists parent-oriented doctrine, which need to be improved in the future legislation.The chapter three also use the comparative way to analyses the maintenance cost between American and China, including the payment standard, payment period, payment ways, payment variation and payment enforcement five points. At the end draw the conclusion that American's legislation about maintenance cost is very concrete and accurate. And China's present legislation can't reach to the same level.The chapter four still use the comparative way to analyses the difference between two country's visitation rights. Total consist of the subjects, suspension, and enforcement of the visitation rights. At the end of this chapter, combining our country's situation, the author put forward some proposal to perfect the legislation of China's visitation rights.