A Study On The Protection Of Minor Children 's Rights And Interests In Divorce Cases

As a result of enhanced awareness autonomy and the idea of family constantly weakening, the marriage is being put to an increasingly strong impacts, When freedom of Divorce Marriage, Divorce and the basic principles of the term does not let people before the embarrassing or for the number of divorce cases is continuing to increase. However, the breakdown of the marriage relationship between the greatest victims minor children, their interests in cases of divorce is indeed negligible. My Marriage Law, while noting that the protection of the interests of minor children, but because the concept in the Legislative Council did not send their children to do as an independent subject of rights to be seen, therefore, the interests of the children are not yet adequate.Parents divorce will make changes directly to a child of the family environment and way of life, which is essential for their psychological ability is an extremely serious injury, divorce disputes couples to divorce as a solution to his unfortunate marriages in the beginning, the pursuit of happiness, and children never translate the divorce of their parents as their access to better the lives of children’s opportunities, while divorce after blood still exists, but the cornerstone of children as they grow up- family, but forever changed when minor children often helpless, anger, psychological is undergoing tremendous changes. If we do not attach importance to divorce to minor children about the serious negative impact of social social costs and negative impact may take several generations to come.This article to minor children in divorce cases protect the rights as the starting point, an analysis of the effects of minor children in the major cause of the injury, the list of minor children whose parents are divorced from the specific injury; to minor children in the best interests of the Principles as a focal point, drawing on other countries in the world on the relevant legislative experiences, discover our legislative deficiencies and gaps and to make the corresponding proposals and ideas. Was designed to give people more attention to divorce to minor children about the adverse effects of these adverse effects on the causes and consequences of a correct understanding of marriage, values and calls on to our country as quickly as possible the Marriage Law. The establishment of the relevant system to the appropriate legislative gaps and missing make sound planning and seek divorce on the avoidance and reduction of minor children causing injury.My academic circles have minor children in divorce cases protect the rights of the study of the subject very few devoted to issues related to the study, and most of them are in the form of a journal, dissertation research discussion.There are two main aspects of monographs in the summer to recite the divorce freedom and limit the theory on the various aspects of the freedom of divorce and restrictions on the relationship between macroeconomic describes related theoretical knowledge; Zhang Xuejun theory of the following divorce legislation for major research couples divorce after the minor child rearing the vesting and related problems; Cao poem entitled the Guardianship of Minors system research on major research on guardianship of minors, including minors in family of monitoring systems, as well as after the divorce of parents of minors to the custody of children.Periodicals is mainly about the principle of the best interests of the Child, as well as the study after the divorce of parents of minor children of the specific protection to explore, Wang Hong of the theory of the principle of the best interests of the Child, Chen Wei, Xie Putin Jie of the theory of the best interests of the child is the principle of limited in the country of the establishment of New Zealand, Mr Tung in the interests of the minor children after divorce and the protection of legal thinking, Wang Xue Mei on the Rights of the Child on the protection of the principle of the best interests of the research (above), the protection of the rights of the child "the principle of the best interests of the research (down), the basic principles of the protection of the rights of the Child Assessment, TianLan, Nie The quick brown fox jumps over the divorce, the fang principle of the best interests of the child, Wang Wei in the very State parent-child relationship in the interest of children protection study" were all from a macroscopic angle principle of the best interests of the child shall undertake research and analysis designed is established in the country and perfect the principle of the best interests of children in the parents’marriage is broken when the full protection of the interests of the minor children and minimize their injuries. Huang Ching-ho of the rural divorce proceedings are the maintenance of study, Ding Hui of the divorce proceedings to the custody of the minor children, won the carcasses of the divorce, the exercise of parental authority, Chen Wei of the divorce of parents with respect to the minor children to the custody of the Study, Miss Cheung and Miss section yunhu the visitation rights reflections on the state of Qin Soo-min of the light on the right to visit extremely enforcement issues, such as the article is from the protection of the interests of the minor child of specific aspects of research and discussion of the issue will be refined, concrete analysis of the parents of a marriage following a breakdown in the various aspects of the underage children have adverse effect.There is also another Gong Yi-fu of the dysfunctional families, minor children study on property rights, XuXiaoguang restrictions on the freedom of divorce law value analysis, Cao White Li the divorce after the exercise of the right of the pro-system such as a master’s degree thesis also dysfunctional families, the interests of the minor child protection issues carried out research and discussion.On CSSA for minor children in divorce cases and interests protection issues are already under way in my country attracted attention and has achieved a degree of research results, but for the issue of research and exploration has not formed a set of sound theoretical system, and most simply stay in theoretical study, in justice on the effectiveness yielded scant. The rising divorce rate, hasty marriage more and more minor children are suffering from the breakdown of the family brought to them a variety of adverse effects, practical related systems in the form of legislation and effective maintenance of minor children in the interest of the principle of the best interests of the child through to the actual implementation.