The Determination Of The Immediate Dependents Of The Minor Children After Their Divorce

In recent years, along with the social changes in marriage and divorce rate rise in China, child custody disputes increase, after his parents divorce minor child directly dependency problem becomes very important problems in judicial practice, related to the healthy growth of children. At present, China’s current divorce minor child dependants determine the relevant provisions directly after slightly rough, with no clear "best interests of the child" principle, there is no specific zoom standard. According to Chinese laws and practice, absorb experience in Hong Kong of China, Macao of China and foreign law, improvements in parents of minor children after the divorce to determine direct dependants of legislative proposals.This text is divided into four chapters.First chapter of parents after divorce minor child directly determine the dependency theory. First of all define the meaning of direct dependants,combed the custody and upbringing of the minor second parents after divorce minor child support obligation theory: minor children is the need of human reproduction, natural right to right to parental upbringing of minor children;finally, it introduces the historical changes of the Chinese ancient, modern and new China, as well as the foreign direct support of the legislative changes.Chapter two minor children after the parents ’ divorce the direct determination of dependency status. First analysis of the minor child directly support the legislative status quo; secondly analyzes direct dependants after divorce to determine the issue with the relevant legislative provisions.Third chapter of China’s Hong Kong of China, Macao of China and other countries after the divorce experience in direct support of minor children is determined by the legislative. This chapter from the principles, learn its reasonable practices such as setting standards and best practices.The fourth chapter puts parents after divorce minor child dependants determine the legislative proposals directly. Specific including: first, determine children best interests principles for highest Guide principles; second, determine directly raised people determine of consider factors materialized; third, perfect marriage method in the parents agreement turns directly raised minor children system; IV, for parents agreement divorce of minor children directly raised people of determine, should established supervision institutions for review; v, introduced third party institutions, solution parents not suitable or refused to bear directly raised right obligations of problem; VI, increased court public force supervision, Improving the child support dispute resolution systems; Seventh, to strengthen the rights of minor children, the main position, the addition of children’s independent legal proceedings.