Research On Protection Minor Children’s Property Rights In Divorced Family

With the introduction of Marriage Law and judicial interpretation of the Marriage Law, our country has established a legal to adjust and standardize the basic constructs of marriage and family relations system, which provide a more unified and clear basis to work out the family disputes, properly and efficiently, to protect the legitimate rights and interests of women and children and other parties. However, for a long time, in theory, legislative or judicial practice, we mostly focus on the research and treatment of marital and family problems in adults, and less concern for the interests of minors, particularly, for protecting the interests of minor children in divorce, and family property-related legal issues have not paid enough attention. So, how to deepen the theoretical structure of the system from research to further revise and improve existing laws, and the negative effects of divorce on minors will be reduced to the lowest limit judicial practice from a couple more of the property of minors interests to protect, it is a priority and important issue to the legislation of China’s Marriage Law.This paper is divided into three parts:The first part, an overview of the property interests of minor children, this section first describes the current situation of China’s existing laws for the protection of property rights and interests of minor children. Second, the existing doctrine and abroad are summarized on the scope of property rights and interests of minor children delineated, and the author presents his views. Finally, we illustrate the necessity of property rights and interests of minors divorced families to be protected.The second part, the specific problems of divorce minor children rights protection. One is the nature and effect of increasing problems with minor children and property. The second one is how to pay alimony for minor children and the problem of use it. The third one is the conflict of interest exists in the third person and the rights and interests of minor children. The third part of a series of legislative regime on minor children of divorce family property protection system is conceived and executed perfectly.The innovations of this article may mainly reflected in: First, proposed legislation to establish " best interests of the interests of minors " and " the principle of protection of minors priority interest". Determine the scope of the property of minors. Establish a series of minors’property rights and interests protection supervision mechanism. Third, to explore a one-time payment of applicable premise and expand the use of a one-time payment. Fourth, explore the solution when the third man and minors’legitimate rights and interests in the conflict and the distribution of burden of proof in the judicial practice.