The Research On Custody Duty Of Divorced Parents’ Minor Children

In this paper, the research object focuses on the custody problems of thedivorced parents’ minor children.It is oriented in the existing problems in thejudicial practice, starting from the basic theory of parental custody, to conduct theirforeign parents divorced custody mode for reference, linking theory with practice,concrete analysis of concrete problems of our legislative provisions for exercisedivorced parents custody of the insufficiency and the law does not make provisions,according to the theory of legislation and interpretation for perfecting our country’sparents divorced the guardianship of minor children of the exercise of the right toprotect the healthy growth of children, the environment, put forward opinions andsuggestions.The first part expounds the basic theory of guardianship of minors. The authortries to clarify the concept of guardianship of minors and the type of child custody,and tell the difference of similar concepts, therefore points out that the parents carefor minor custody, adults and children’s parental rights and custody is different, aclear scope is limited to the monitoring power is discussed in this paper. In this paper,there are defects existing in China’s current legislation, guardianship and paternity without distinction, and custody, guardianship legislation practice of fuzzy wordswith.The second part of the article introduces three kinds of models in the worldafter the divorce parental exercise of the right of parents, namely joint custody (JointCustody) mode, unilateral monitoring (Sole Custody) nursing mode, unilateralcustody and joint custody simultaneously mode. And legislation situation about theirnational representatives are introduced. After compared, joint custody mode andsingle mode of custody has insurmountable shortcomings, cannot reflect theprinciple of the best interests of the child. Taken simultaneously mode can avoidweaknesses, play to the advantages of two kinds of mode, better safeguard theinterests of the children. Then, the provisions concerning the divorce of parents onchildren’s custody problems of China’s current legislation and judicial practice andprocessing has carried on the analysis, obtains our country take parents joint custodymode of legislation defects, points out that the determination of monitoring model isa good starting point and key points to solve all problems. The reference to foreignlegislation,"the principle of the best interests of the child will be established as thehighest principle in our custody, suggestions in China from legislation to adoptcommon exercise and exercise alone care mode, to distinguish the case to bedetermined.The third part of this paper expounds in detail the contents of minor childrenguardianship and exercise, analyzes three specific problems of minor childrenguardianship of exercising the rights of divorced parents. In practice, the majorproblems of children, children the right to decide infringement Guardianresponsibility, divorced parents and minor stepchild of the guardianship relationsand other issues in the legislation of our country has not been detailed provisions ornot caused enough attention, resulting in confusion in the judicial practice. Thereforethe legal system perfect the guardianship of exercising the rights, by way oflegislation stipulates further major decisions concerning the vital interests ofchildren’s rights should be both parents decided in consultation, provides aprocessing method of negotiation is not consistent, refine the children after the divorce parents infringement responsibility problem, stipulates divorced aftermonitoring the relationship between parents and children shall first seek after theirparents willingness and investigate its and stepchildren relations are determined. Inaddition, China’s legislative provisions after the divorce on children enjoy the rightto visit the party only for the parents, the author thinks that the provisions of thevisitation right subject is too narrow and not conducive to the healthy growth ofchildren, should be expanded, the body will expand to the right to visit the children’sgrandparents, grandparents.