The Research On Several Issues About The Custody Right From Divorced Parents To The Minor

Modern people pay more attention to personal freedom and happiness. On the other hand, with the acceleration of the pace of life and work pressure, the increase of population flow, the increase of different places of marriage, many objective factors are pushing the high divorce rate in our country. According to statistics, at present, the young born in 1970 s and 1980 s is the main force in the divorce of our country. This means that there are quite a lot of parents broke up when their children are still young. It is the duty of law to reduce the injury to the young children from their parents’ divorce. Unfortunately, China’s current legislative and judicial regulations in this aspect are weak, which need improvements nowadays.The first part of this article mainly expounds the parents’ right of guardianship of the minors. This part is divided into two parts. On the one hand, it’s about the legal nature of the guardianship of the minor children. This aspect is divided into three levels: A, the monitoring of civil law and common law(paternity) connotation. Although the two legal systems have different concepts, but the substance is similar. B, compared with other types of guardianship, analyze the characteristics of parental guardianship from three aspects of the basis of the production, the law and the free of charge to highlight the characteristics of parental care. C, The theory of right, obligation or responsibility form the responsibility of three different views on the nature of the parents’ custody status and put forward the view of the nature of parental guardianship. On the other hand, it’s about the legal connotation of parents to the custody of the minor children. Including the contents of parental custody and it’s responsibility.The second part of this paper mainly introduces the provisions of the foreign parents on the exercise of guardianship of minors. This part is divided into three sections; The first section mainly takes The United Kingdom and USA as an example to introduce the relevant provisions of the parents’ right to exercise custody after divorce; The second section is about Germany, Japan, France and Taiwan region for divorce parental rights(parental care) Regulations. The third section is to summarize the legislation of extraterritorial divorce custody(paternity) mode. On this basis, from the aspects of human body and property analysis of the model is more appropriate “Children’s best interests”.The third part of this paper is about the relevant provisions of the parents to the minor children’s rights of guardianship and the problems in the judicial practice. From the legislation and justice aspects. Induce existence question of legislation present situation and the judicial. There are some problems in the legislation, such as the dispersion of the legislative system, the lack of the principle of "Children’s best interests" and the imperfect visitation rights. Common disputes in the judiciary to change the names of children, property custody disputes and disputes, etc..The fourth part of this paper is to put forward suggestions to improve the guardianship of minor children after divorce in our country. The suggestions have two main aspects,the first is to improve the provisions of the legislative and judicial issues. The second is to put forward the visit-supervison system, in order to solve the problems of exercising the visiting rights.