Comparative Study Of After The Divorce Child Support System In China And South Korea

Modern society, when parents divorce a priority is to protect the interests of their minor children.However, when they divorce, parents will lose the environment that can raise the children together. So will lead some problems which is closely linked with the children’s interests to undertake a series of problems such as the cost of child support, custody and visitation. Therefore, country is necessary to effectively solve the existing problems to ensure the stability and development of the society.To the problem of child support after divorce, both China and South Korea have relevant regulation and system in the law.In 1980 China formulated marriage law, and although revised in 2001, there is no specific provision and effective system on the question of child support after divorce.In South Korea, the civil law and family law revised for many times to determine the supporter and the supported (maintenance, visitation), became.the necessary condition when couples divorce. And setting up property maintenance order of payment, guarantee system, related to ensure the implementation of child support.This paper will introduce the relevant legal system about children raising when divorce both in China and South Korea. and compare with the correction of related legal system recent years in South Korea, and relevant legal system in China to analyze the successful experience of Korea after correction enforced law, and give some corresponding solutions which exist in our country’s legal system.As in determining the guardian and bring up person, it is recommended that the legislation in our country set up a separate custody or joint custody system, divorced parents according to oneself circumstance choose agreement joint custody or guardianship alone, but when the content of the agreement contrary to the interests of the minors, the court or the marriage registration authority should require the supplement agreement in accordance with the authority to determine rules. In raising the person, we suggested that the abolition of the priority principle of maternal and parents as a basis for the condition of the specification, should set up a comprehensive consideration of parents moral level, age, occupation, health, economic capacity, and local elements as the new basis.Direct at the children’s growing environment in our country, namely grandparents together with their parents or grandparents raising the realistic environment,Suggestions for expanding the scope of the subject of visitation right, legislation to set up the children’s visit rights and third person subject qualification, the maintenance of the emotional stability of minors and the personality formation.For the fulfillment of visitation, and ensuring that the performance of proposed visit right rules, namely mediation, supervision and the necessary disciplinary action, etc., but before the compulsory measures, for the education of the parties as a prerequisite, careful to take coercive measures, effectively protect the interests of the entitv of minors.And will prevent the exercise behavior of the visitation, should be raised for the change relations of legal proceedings.In the reality of the increasingly prominent problem in child support dispute, with reference to most countries such as South Korea in order to ensure the performance of maintenance, formulate specific provisions, proposed a similar system to ensure the interests of the minors.With the increase of social family divorce, need to protect the interests of the loss of maternal love or the father loves the minors.Especially in the country under the rule of law should start with the Divorce Systems to improve the system itself, lead the parents at the time of divorce on children raised questions positively and solve the problem of children’s interests in priority.