Minors Rearing System Research

Since 1900s, many nations and government in the world have paid attention to the protection of children's rights and interests, and a series of law and actions have been put it into practice. Both the Declaration of Children's Right (1959) and the Convention on the Right of the Children's Right (1989) of the United Nations put forward the Best Interests of Child, and advised all the country follow this principle to protect the children. As one of the proposers of Convention on the Right of the Child (1989), China has noticed the child protection all the time, and has step out a series of legislation on child protection system. But because of many disadvantageous factors, there are many defects in the legislation and judicial practice of child protection in China. So the author is going to study on the child support to strengthen the child protection in China.As we known, the children can not get away from the support and care from their parents when they were born, so we can say that the child support is very important to the continue of human beings and the society. At the same time, the child support system is a very important part of the Family Law, but a great deal of shortage exists in the legislation of child support in china, such as the variance of the principle of child support, the lack of the content of child support and so on. On the other hand, being the influence on the traditional ideas, some person take the child support as the housework, so the legislation of child support is unimportance, and this opinion results in the weaknesses of the society intervening system. To resolve all these defects, we must revolutionize our views, and revise the provisions of law to protect the rights of the children. Comparing the more attention to the child support in divorce case, the legislation of child support is lacking. Beginning with an introduction of the child support system in American and Chinese Taiwan Region, the author compares the difference between them, and gives her suggestions on the regulation of child support into the family law with a perspective of borrowing from experiences of the American and Chinese Taiwan Region and with an eye on the current of affairs of China. There are three parts in this article except for the foreword and the concluding remarks.Part i Conspectus on the basic theory of the child support. Starting with introduction of the conception, the characters, the classification and the relationship with child custody of child support, we can educe the definition of the child support. It is worth researching on the child support, for it is meaningful to promote the development of human being and the society. At last, the author summarizes the principle on the judicial practice of the child protection, and the evolution of this principle can be divided into three periods. The first phase is Family Municipalism, during this period, the father possessed absolute power over their children. The second one is State Paternalism, and the state give special care to the needs of the children. The third one is the Best Interests of the Child, since WWII, it has been the popular doctrine in deciding child cases, this principle indicates that the child is an independent individual, and he have his own rights and liberation.Part ii Study on legislation and state intervening system of child support in American and Chinese Taiwan Region. Because of the length of the paper, the author choices the legislation of American and Chinese Taiwan Region to research on. As the same as American, the legislation of child support in Chinese Taiwan Region is water-tight, including the subject, the manner, the scope, the termination and so on. Lastly, in judicial practice of child support, at the time, both American and Chinese Taiwan Region have the state intervening system to the child protection, from setting up the special governmental departments to implementing the effective measures. On comparing the legislation and practice of child support in American and Chinese Taiwan Region, the author points out what we can learn from them.Part iii Introduction on child support system in China, and the suggestion on the perfection of legislation and state intervening system of child support. The system promulgates that the Family Law has some drawbacks, such as the system of child support dispersing in the marriage and the Family Law and the Civil Law, the shortage of concrete prescription of child support, the inadequacy of enforcement measures of child support. To against the shortage of child support in china, referring to the advanced legislation and judicial practice of American and Chinese Taiwan Region, this part bring forward to some suggestions on legislation and judicial practice of child support in China. The author holds that we should adopt the doctrine of the best interests of children as the basic principle of child support, and the support should be a specialty chapter in our family law, there also should be powerful enforcement measures for the state intervening system of child support.