The Processing On Minor Children Fostering After Parents Divorce

At present,with the rising divorce rate in recent years,minor children fostering issues are more and more prominent.It is a great influence on the healthy growth of the minor children to deal with the problem that the parents are properly handling the minor children fostering issues.In the process of regulation and control of society,the purpose of law is to care for the weak.Marriage and family law is mainly to adjust the relationship between marriage and family,and to establish the guiding ideology of the marriage and family law is to protect children legitimate rights and interests,the focus is to protect the broken families minor children rights and interests.But our legislation on the issue of minor children fostering of divorced parents is not enough to protect the interests of the minor children,need to strengthen the responsibility of parents,some legal provisions also need to improve,the legislation does not clearly establish the principle of maximum benefit for children.Therefore,in order to improve our country’s divorced parents of minor children support system,guarantee the broken families minor children rights and interests,it is necessary to improve the legislation on the problem of fostering children after divorce,which is the starting point of the paper.This thesis is consisting of introduction,main body and conclusion,and the body has five parts around 19,000 words,including the following content:The first part is about putting forward the problem.Through the case introduction and case analysis,lead to the need to discuss several problems,namely after the divorce,how to determine the direct support and compensation fee of the minor children? What circumstances can be changed after the children direct support and compensation fee are determined? How to protect underage children alimony? What are the problems in the exercise of visitation right of minor children who have not raised minor children directly? What are the defects of our country’s minor children support system and how to improve?The second part is an overview of the basic theory about the divorced parents to the minor children support system.Divorce does not affect the rights and obligations of the relationship between parents and children,this is the world common in dealing with the relationship between divorced parents and children.But after parents divorce,the way to bring up their children will change.Minor children can only follow their parents one party life,the other is to continue the obligation to perform the education of the minor children by paying the fee and the exercise of visitation rights.Divorced parents deal with minor children support problems mainly include fostering and visiting.The third part is about the legislation and judicial practice of divorced parents in our country.At this stage,the adjustment of China’s divorce of parents of minor children to raise the legal norms are mainly the 2001 revised < marriage law > and 1993 <Specific opinions of the Supreme People’s Court on the handling of the issue of child support by the people’s court for the trial of divorce cases >.On the one hand,this part introduces the following laws and regulations: the determination and change of the relationship between divorced parents in our country for the upbringing of the minor children,burden and change of divorced parents for minor children support,the payment and guarantee of the divorced parents to the minor children support,the exercise of visitation rights by a parent of a minor child who is not directly raised.On the other hand,do the empirical investigation about a city in Sichuan province people’s court in cases related to the minor children support issues.The fourth part is the study of the foreign law on the system of the divorced parents to the minor children support system.In this paper,the United States,Australia,Germany,three countries in the marriage and family law in the divorce of the parents of the minor children support system is expounded.Mainly includes the basis for determining the parents of divorced parents for the direct support of the minor children,the payment of the compensation standard,the measures for the implementation of maintenance fees,the exercise of visitation right,etc.And a brief analysis is made to the minor children support system in three countries.The fifth part is the problem of the divorced parents to the minor children support system in our country and the improvement of the legislative proposals.Combined with the empirical investigation and the relevant regulations of foreign countries,the problems of the divorced parents in our country are analyzed,namely the interests of the minor children in the legislation of our country have not been fully reflected,standard for determining the amount of children support are low,the maintenance payments are difficult to execute,the subject of visitation right is too narrow and on the “visit” qualitative bias.On the basis of drawing lessons from the advanced experience of other countries,and combining with the actual situation of our country,this paper puts forward the following suggestions to perfect legislation: taking the principle of maximum benefit for children to deal with the problem of raising children,to be fair and reasonable to determine the amount of child fostering expenses of minor children,and determine the amount of the minimum maintenance fee,to improve the compulsory execution system of the minor children maintenance fee,to expand the right to visit and to clarify the parents have the obligation to keep in touch with the minor children.