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Research On The Problem Of Child Support After Divorce Cost

Posted on:2016-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiuFull Text:PDF
GTID:2296330467489591Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the continuous development of China’s economy, and theawakening of consciousness of freedom of the people, more and more couples chose in theface of marital problems to divorce as a relief, and rising high divorce rate behind theprotection of rights and interests, there are more and more minor challenge. China’s "marriagelaw" and the introduction of judicial interpretation, the adjustment and legal system regulatingthe relation of marriage and family has been set up basically, this is reasonable, effectivelysolve the marriage and family disputes, protection of women and children and the otherparty’s legal, legitimate rights and interests, to provide a more uniform, clear basis. However,for a long time, in the face of study and to deal with the problems of marriage and family, wemostly focus on adults, for minors to the legitimate rights and interests of attention isrelatively small, especially with the rapid development of China’s economy, minors’ growthenvironment and in turn the world upside down to have the change, but our country of legalnorms for the protection of minors are formed in the last century, and no adjustment is made,according to the new dispute among them, raising a problem of minor children after divorcebecomes more and more prominent.Underage labor ability is deficient, alimony is the necessary source of life, is the healthygrowth of the material basis, after the parents divorce, custody of minor children are paid infull and on time payment, is the key to guarantee the survival and growth of juvenileconditions where. However, in real life, because maintenance problem of renewed disputes ofthe situation is not in the minority, parents again check evidence of both parties at court, asone of the children often trembling with fear, not know what course to take, will definitelyleave a lingering shadow to give these children lives. So, how to deepen the research from thetheory system structure level, and from the judicial practice of seeking to solve the operationidea of alimony dispute, safeguard minors physical and mental growth is a pressing matter ofthe moment to solve the problem of raising fees, after divorce, this paper is the purpose of thestudy. The full text divides into the introduction, the main text, the conclusion three parts.Among them, the main part consists of three chapters:The first chapter introduces our country underage child support disputes several types,mainly about the request to increase alimony dispute, alimony executive disputes, divorceagreement on alimony formed an agreement dispute and so on, combining with the legislationand judicial practice, to find out the causes of these disputes, so as to make clear that ourcountry upbringing the dispute have what problem that is worth to discuss and solve.The second chapter is the substantive law issues on alimony dispute cases. Through theanalysis of the current existing relevant alimony entity law legislation, find out the defects inlegislation, including the establishment of minors without the best interests of the childpriority principle, alimony contents stipulated in narrow, alimony payment period slightlyshort, maintenance fees reduce problems are not specified, the alimony use regulation is notspecified and other defects, proposed legislation and judicial judgment principle of alimony,namely "minor children the best interests principle" priority "to maintain the standard ofliving of juvenile homogeneity principle""fair principle", clear the contents and the paymentof alimony, the use and management of change, ideas to solve the problems, in order toachieve the alimony entity method to further improve the.The third chapter is the procedural issues about alimony dispute cases. Through theanalysis of our existing after the divorce alimony dispute cases procedure, find out theexisting problems in the legal process, mainly manifested as did not notice the alimonydispute cases particularity, not with other civil and commercial case distinction, through theprovisions of the world family of procedural law in legislation, find the significance, clear inthe children after the divorce application fee disputes raise idea, finally discusses theenforcement of alimony case, perfect the enforcement system, for minor children after thedivorce of his parents’ healthy growth escort.
Keywords/Search Tags:Divorce dispute, Minor children, Maintenance content, Maintenance feestandard
PDF Full Text Request
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