On The Perfection Of The Child Support System In Divorce Proceedings In China

Though many monographic studies of the child support system have been carriedout in the Chinese law circle, the framework recommendations and specificmeasures to improve China’s child support system haven’t been made as a whole,which is not conducive to the operation in the judicial practice. To improvethe child support system is such a systematic project of complexity thatoverall and multi-level researches should be carried out from the perspectivesof the economy, society, culture, morality and law, etc. The current laws ofthe child support system in China have some defects, for example, theprovisions of the laws are too simple, and the legislation is imperfect, andso on. In the common law, the concept of parental responsibility andobligations will run through the legislation of divorce and parent-childrelationship, and a more perfect and reasonable child support system has beenestablished. For example, both U.S. Federal Welfare Act1999and U.K. ChildrenAct1989reflect the principle of the best interests of the children in variousdegrees, these can provide useful inspiration for our country’s system. Byintroducing the advanced experience in foreign countries through theoreticalanalysis and combining with its own national situation and judicial practice,China should first establish the legislative principle of the best interestsof the children, and then improve the specific provisions of the child supportsystem from the aspects of the payment standard, the payment mode, the paymentperiod and the execution, while using the support of the gradual sound andcomplete judicial process to improve the operability of the system.