On The Protection Of The Rights And Interests Of Minor Children In Divorce Cases

Children are the future. But with the increasing divorce rates in recent years, agrowing number of minor children suffer from the adverse impact of their parentsdivorce. As the principle of "best interests of the child" is not expressly stipulated inthe Marriage Law of PRC, there is lack of legal protection to the interests of minorchildren in the judicial practice. Thus, the perfection of the laws and regulations ofprotection for the minor children interests after parents divorce is imminent.The thesis is divided into three parts. The first part is the analysis of the principle of"best interests of the child", which includes its concept, historic evolution, its function,laying the theoretical foundation to establish the principle of the best interests of childin the Marriage Law of PRC. The second part is the discussion of the insufficient oflegislation on protection for the minor children interests after parents divorce.The third part is the legislative suggestion to the perfection of the interests of children.Firstly, it is necessary to establish the principle of “the best interests of child” as theguiding principle in the Marriage Law of PRC. The highest priority should be given tothe interests of minor children when dealing disputes involving their interests injudicial practice. Secondly, the enforcement mechanisms of child support should beestablished. Thirdly, the payment period of the child support should be extendedappropriately. Fourthly, the system of minor children visitation rights should beperfected. Visitation right is also an obligation to the parents. Fifthly, the supervisoryregulation of the minor children separate property should be perfected.The last part is the review and summary of the analysis and conclusions above.