On The System About Divorced Parents Supporting Minor Child

At present, people have a great change in the concept of marriage and family, with the development of our society. For all kinds of reasons, the divorce rate in China is rising. After the divorce, the problems of raising minor children have become increasingly prominent. Divorce parents of minor children raised in the establishment of direct support right, the determination of maintenance fee determination and visitation right identification has become a difficult problem in the judicial practice. how to maximize the interests of minor children is the difficulty of judicial practice. On the system about divorced parents supporting minor child as the research object, from the basic theory of it, to empirical research oriented, after drawing lessons from foreign the system about divorced parents supporting minor children of relevant provisions, linking theory with practice, analyzes our problems of the system about divorced parents supporting minor child.And put forward some improvement suggestions for perfecting it, make myself a little bit.First of all,elaborate the basic theory of the system about divorced parents supporting minor child,and the study of the relevant legislation in Germany, Switzerland, the United States, Australia and according to divorce parents of minor children raised the case investigation and analysis in the people’s court of Jiangbei District, Chongqing City,in the July 2015, in order to solve the problem of our court in judicial practice. Finally, it puts forward to improve legislative proposals on our the minor child support of divorce parents system.In addition to the introduction and conclusion, the total of about 35000 words, the text is divided into four parts, including the following:The first part is the basic theory of the system about divorced parents supporting minor child. First, to be defined the connotation of children support, including raising meaning and the difference between the custody. Second, from the sociology, human rights and ethical point of view. Analysis theoretical basis about divorced parents supporting minor child. Namely, the parents supporting minor children is family functions, social continuation and development needs; is to ensure the realization of child survival and development rights and the need to safeguard the healthy growth of children; or parents of the family ethical requirements and legal obligations.The second part is to investigate and evaluate the extraterritorial the system about divorced parents supporting minor child. Mainly uses the comparative analysis method, to carry out a comparative study on the related legislation in the Anglo American law system and in civil law countries. Introduction and analysis legislation which is about the minor children support of legislative principles, direct support right, the determination of maintenance fee standards,deadline and execution,visitation right identification,of Germany, Switzerland, the United States, Australia.The third part is the legislation and judicial practice analysis of the system about divorced parents supporting minor child. Firstly, I introduce the system about divorced parents supporting minor child in the legislative status, and then focuses on in the people’s court of Jiangbei District, Chongqing City, in the July 2015 to investigate the 2013 to 2015 concluded cases report of the minor child support of divorce parents. I focuses on minor children support problem of divorce cases by reading file material and to the judge asked relevant. Through the statistics of the survey data, research and analysis combined with the content of the judge’s personal interview, dissect the parent after the divorce in the performance of the minor child support obligations of the existing problems, containing not fully reflect the principle of the best interests of the child when determ minor children guardian, to pay child support fees amount low, child support fee is difficult to implement, rules of visitation right system is simple than the relatively problems etc.The fourth part is perfect our legislative proposals of the minor child support of divorce parents system. This part is comprehensive consideration of our the legislation and judicial practice, and draw lessons from the overseas beneficial experience of law, and in line with the national conditions of our country, puts forward suggestions to perfect the legislation. Including the radication of the principle of the maximum interests of the child; actively sought the minor children’s opinions; set up the system of "children’s representative litigation"; improving the standard of child support; expand the deadline of child support; effective implementation of security child support; the expansion of the subject of visitation rights; perfect the way of visitation rights. Fully guarantee the lawful rights and interests of the minor children realization.