On Divorce The Principle Of Best Interests Of Children In The Case

China has always attached importance to protect the interests of minors, and has established "children first" principle both at the policy and legal dimension for special protection of the interests of minors. However, due to the impact of traditional legal concepts, "parents-based" legislation of the divorce legal system made the protection absence children's interests. Particularly in the prevalence of divorce liberalism today, the increasing divorce rate will lead more minors to be harmed by the divorce of their parents. And we can foresee that the divorce rate in some big cities of China will catch up with some western developed countries in a few years. If we still do not realize that children suffered a lot by the serious negative impact of divorce when it will bring enormous social costs and negative impacts, several generations would'pay the cost.Law should be updated to the development of the society. Confronting to the lessons of other countries, our law should give play to its prevention features, to guard against social unrest caused by the soaring divorce rate in advance. The purpose of my writing here is, first, making more parents know the adverse effects to the mimors by divorce systematicly and treat their marriage and family rationally; second, hoping that experts of family law might have common understanding with me, then appeal to establish the relevant law systems as soon as possible. While the procedural restrictions on divorce, free, opposed to hasty divorce, neglect of the child rights and interests of the other hand, improved after divorce parent-child protection legislation, as far as possible to reduce the divorce on minor children, the harm caused, in order to they are good enough to create an environment for the growth. Hope that China's young people do not experience as Britain and the U.S. as the family changes, and some detours we do not have to repeat.I start with froming a comparative study, in the analysis of China's economic and social development under the premise of the status and trends, China will certainly come through the last century, the disintegration of Anglo-American families in some countries, changes in the conclusions, which is the biggest victims of divorce than of the minor children. So how to avoid and reduce the damage of divorce on minor children, is I have been thinking about and try to resolve problems.The paper describes the impact of divorce on minors, research results and their theoretical explanation of impact model by western sdudies in the first part, so that the reader may have the perceptual knowledge divorce impact on minors, and then the author use historical research methods introduced to solve the crux of the problem where the first issue of divorce comes with their parents, thus determine the children will not be hurt of divorce; two are the parents to determine after the divorce should be based on the principles of how to protect the best interest of the children issue. This is in fact to solve the problem I raised two ideas, policies and systems below the specific measures are also carried out in accordance with these two lines.The second part of the article describes the origin of the principle of the best interest of the child and its domestic practices in countries of common law and civil law. According to its own national conditions of China put forward the "children first" principle as a national guiding principles to protect the rights of children, but in the areas of divorce, parent-child relationship, especially in the high divorce rate in contemporary society, "children first" played by the relevant provisions of the principles of the actual relief a negligible role, as soon as possible concepts, the concept of child-based legislation to ensure the protection of minor children in divorce cases in the interests of'the urgent and necessary.In the part III, concrete building of the principle of best interest of the child in the domestic divorce legal system, was discussed in three sessions carried out in two ways the specific design of the system, from the program on restricting the freedom of divorce of their parents, set up specialized legal institutions and physical design of the system. These arguments that are needed in the analysis of domestic legislation on the basis of actual or draw on useful experience of foreign countries, or a combination of minor children need to be raised to protect new ideas.The last part of the article is the conclusion, during the process of writing this article, the author found that the children's interests neglected seriously in divorce cases has become a very common phenomenon, we hope legislators would amend the Marriage Law and the relevant provisions as soon.