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On Protection Of Rights And Interests Of Minor Children In Divorce Cases

Posted on:2012-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y SuFull Text:PDF
GTID:2216330371953247Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Young people are the masters of the country's future and hope. Any organizations and citizens should protect minors having a stable and harmonious environment for the growth. At present, China's high divorce rate, single parents, remarried families in society is growing. High divorce rate to a certain extent the confusion caused by the social order, but also a variety of legitimate rights and interests of minors against the event of repeated. At the same time, due to the lack of normal, warm family life, resulting in a growing number of mental health has a lot of minor problems or even cause the youth crime increasing quantity and type of crime. How to effectively safeguard the legitimate rights and interests of minors, not only related to the healthy growth of young people, but also related to stability and happiness of thousands of families in society as a whole. To divorce the minor's psychological and physical impact to a minimum, how to protect minors in divorce cases has been the subject of growing attention.In my career as lawyer relationship, in the process of business process, access to a large number of divorce cases, and realized that China's current laws and regulations and judicial practice protection of minors for this area is still much research to improve the space. So, I make master's thesis research direction of the protection of the interests of minor children in divorce cases. I carry on the analysis from five aspects to this question. These five aspects respectively are: principle of"children's best interests", confirmation of the custody, confirmation of support payments, exercise of the right to visit and protection of minors'rights in special divorce cases.I reorganized the massive legal laws and regulations and the judicial interpretation. In addition, in some controversial issues, I have from the parties to the case or the attorney's point of view put forward their own feelings and experiences and ideas and views in the hope of a more comprehensive three-dimensional, objective and full view, analyze problems. At last, I from the legislative, judicial, and social security three angles put forward my own proposals. I hope my article on the improvement of China-related legislation and related court hearing benefit.
Keywords/Search Tags:Principle of the best interests of the child Parent-child relationship, Tending, Visitation right
PDF Full Text Request
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