A Study On The System Of Juvenile Child Support After Divorce

With the constant improvement of the quality of the modern economic life, seeping through spiritual civilization in the west, people social consciousness and concept of marriage also changes continuously in the collision. As the continuously in the collision, makes the modern marriage is generally weak. Some people will quarrel because little things constantly, will make up a divorce. Now the divorce rate in China has improved significantly. Couples to seek their own interests in the divorce also lead to child support when divorce problem has become the focus of the dispute. Minor children raised questions deal with divorce and intensifies both sides of the conflict, but also to the healthy growth of minors from caused great influence, of minor children abandoned as a result of divorce, dropping out of school, crime, and so on and so forth, and even harm the stability of the society. To avoid the above problems, the author from the custody of the children, child support, and visitation three aspects to explore the problems of the child support and Suggestions are put forward according to the problems that exist in the three aspects.Elaborates the content of this thesis is divided into three parts:The first part, after her parents divorced minor child custody issues directly. First introduced the our country law custody and change the mode of directly determine the custody of four kinds of situations. Then from three aspects is pointed out that the defects of the rules, and put forward their own Suggestions.The second part, the parents of minor children after divorce maintenance problems. The author will carry out difficult to support as the top priority of this section shall be discussed. Mainly introduces the current legislative regulations on minor child support and its irrationality of existence. Mainly include: the content of the mutual agreement to undertake the maintenance law there is no clear standard, and the marriage registration authority and court review is just a form of censorship of divorce agreement; The amount of child support in accordance with the percentage is relatively single, also not restricted to a minimum standards; Payment lag, overlooked the obligor to pay not missing; The provisions of the laws of changes in the maintenance is relatively single, too. For the above problems, the author respectively puts forward the Suggestions. Child support enforcement difficulty is a very important issues in the support system, so the author discusses it as top priority. The reason of child support enforcement difficulty mainly include: 1, structural change in the social members, staff mobility enhancement; 2, payment obligation law consciousness, the lack of good faith morals; 3, paying maintenance side because of objective reason to economic troubles, they have no ability to perform; 4, the national public power intervention in little, no will perform maintenance as an obligation; 5, the current our country social security system is not sound. In view of the above to perform difficult reason the author put forward the suggestion to solve the problem.The third part, the parents of minor children after divorce to visit. Visit the right subject is indirectly raising children, generally negotiated by both parents exercise visitation, in case no settlement is reached by the judge. In the existing laws and regulations to exercise visitation issues embodied in: Law of the visitation right request body range is narrow; The visitation right legal content not clear; Visitation to suspend the reason is simple, easy to cause the judge discretion abuse; Visitation to enforce provisions is not easy to operation, it is difficult to guarantee the realization of the visitation right. For the above problems, the author suggested that the body of the visitation right should be conditional to expand; Clear the rights and obligations of the visitation content, it can solve many problems in the implementation of the activist judges and; Visitation to suspend the proceedings shall be the legal embodiment, thus effectively protect minor children’s physical and mental health development; For visitation to perform difficult problem, it is recommended that the error in the judicial practice to improve visitation enforcement measures.