After The Divorce, The Guardianship Of Their Children Upbringing System

With the fast development of modern economy, divorce has become a more and more frequent phenomenon. As the minors are the hope of a society, the protection of children's interests of divorced couples has attracted more and more attentions in modem societies, including China. The custody and support of children of divorced couples has also attracted our attentions. Beginning with a discussion of the relative institutions and their evolution, the author compared the different institutions, and gives her suggestions on the legislation of child custody and support of the family part of civil law with a perspective of borrowing from the experiences of other countries and with an eye on the current state of affairs of ChinaThis thesis consists of four parts.The first part studies the basic theory of child custody and support in divorce cases. The evolution of such institution can be divided into the following four periods: (1) only the father has the right of child custody in ancient times; (2) the father or the mother who is faultless has the right of child custody in modem times; (3) the doctrine of tender years; and (4) the doctrine of the best interest of the children. The author differentiates child custody, parental rights and child support, and discusses the relationship between child custody and child watching. As to the discussion of the doctrines of child custody and support, the author put her emphasize on the doctrine of the best interest of the children, and how to exercise the right of child custody and support.The second part studies the law and practices of child custody and support in other countries. On the one hand, the author studies the child custody system in both continental and Anglo-American countries. She gives an introduction of how to exercise the right of child custody, the alteration of child custody, the enforcement of the right of child custody and the factors affecting the determining of the best interests of the children from a comparative perspective, for hoping that the reader can better comprehend the evolution of child custody system in foreign countries. On the other hand, the author discusses the child support systems in other countries, especially the standard of paying child support costs, the period of payment, the methods of paying, the modification of child support costs and the enforcement of child support costs. The author points out what we can learn from those countries.The third part studies the child custody and support system in China The systems promulgated by the Family Law has some drawbacks, such as the system of joint custody whichis in contradiction of the current state of affairs, the ambiguity of the period of lactation, the ambiguity of whether the court can check the agreement of child custody, the shortage of concrete prescription of conditions unfavorable to children's body and mental health, and the inadequacy of enforcement measures of child custody and support The author holds that we should incorporate the Regulations on Child Support into the Family Law.The last part gives the author's suggestions over the perfection of Chinese law on child custody and support The author holds that we should adopt the doctrine of the best interest of children as the basic principle of child custody and support Child custody should include both joint custody and separate custody. The period of lactation should be two years after the child has been born. There should be powerful enforcement measures for the judgments of child custody and support.