The Principle Of The Best Interests Of The Child In Institution Of Foster After Divorce

The principle of best interests of the child has already developed into the sole criterion for the various countries when dealing with affairs involving children. The children are special groups, and protecting of children's rights and interests is an important problem. The paper is on the belief of protecting the child's interest,by analyzing and studying the best interest of the child after divorce, also by investigating the provision of the foreign countries'legislation on direct fosterer choosing standard and the maintenance of the child after divorce from comparative law view. The paper refers to how the principle of best interest the child protects the children after divorce in the practice in general theory. The paper analyses domestic current legislation on direct fosterer choosing standard and the maintenance of the child after divorce. At the same time, the author gives us some proposal about domestic current legislation on direct fosterer choosing standard and the maintenance of the child after divorce. The paper consists of preface, main body, and conclusion. The main body contains four chapters.The first Chapter discusses the definition of the principle of best interest of the child. First is elaborates a developed process from the patriarchy rights to the best interest of the child principle, probes into the historical origin of the best interest of the child principle. Then judgment and development will be interpreted.In the second Chapter discusses that the principle of best interest of child should be clearly stated. The paper analyses china's current legislation on achieving the interest of the child and the causes, the author suggests that the principle of best interest of child should be clearly stated in Chinese marriage and family law. At the same time, the author gives us some opinions of perfecting.The third Chapter discusses about the principle of best interest of the child and institution of direct foster of child after divorce. It analyses foreign and domestic legislation on direct foster after divorce. There are some shortages in current institution of direct foster.The forth Chapter discusses the principle of best interest of the child and institution of maintenance. The paper analyses foreign provision about institution of maintenance. At the same time, the paper analyses domestic provision about institution of maintenance. Then it proposes fitting the best interest of the child principle to improve.