A Research On Protection Of Rights To The Minor Children At Divorce

With the development of economy, people’s thinking has also constantly, our countryis a divorce is a free country, nearly thirty years of development and promote the people’sideological liberation, many internal and external factors lead to divorce is increasinglycommon, and the divorce rate has been rising trend. We know, family is a cell of society, takethe next generation of breeding and dedication to social responsibility, family stability andsocial stability, divorce is the end of marriage relationship, and perhaps help them life-savingstraw, but not into the impact of divorce on children is enormous. After the divorce of theirparents, children should enjoy complete fatherly motherly love will decrease, single parentfamilies with dependent children will need to spend more time and energy, and at the sametime, minor children psychology can be affected parents divorce, the character becomes coldand withdrawn, mental health has a lot of problems, even lead to the number of criminalteenagers grow with each passing day. How to safeguard the legitimate rights and interests ofminors,has become the common concern of social topic, and in a very state of the parent-childrelationship, if the negative effects of divorce on children caused by reduced to a minimum,and guarantee their rights has been paid more and more attention. Because the author beforethe court practice in contact to understand a lot of divorce cases, and for nearly three years ina divorce alimony dispute and visitation right dispute survey made certain, aware of our lawand practice of parents divorce, protection of the interests of minor children there is a largeresearch space the. This paper is divided into three parts, the first part is the present situationof China’s law for the protection of the rights and interests of the minor children, including theparents divorce of a minor child custody, alimony, custody ascription amount period, alimonycompulsory execution, termination and resumption of the visitation right, enforcement etc.hand. The second part mainly analysis the present law for the reason of the lack of protectionof the rights and interests of the minor children and its formation. The law for socialdevelopment always lags behind the state show, not involving over every aspect of the society, so the protection of minor children will also have some disadvantages, such as refusing toenforce Court on alimony, visitation rights ruling or decision, the court can be enforced, theindividuals and units shall be to assist in the implementation of this article, for the individualsand units definition and how courts to enforce and no specific standards, make in the actualoperation is difficult to. The third part is the study on the above problems, put forward its ownproposals, in order to better protect the parents divorced when the legitimate rights andinterests of the minor children.