The Application And Countermeasures Of The Principle Of The Best Interests Of The Children In The Case Of Child Support

In this paper,Divorce cases continue to increase,because their parents divorced due to the minor children raised questions also subsequently increase,and becomes a social problem,the problem is who don't know how to determine the direct better care for their children.Child support problem,at present our country is mainly based on laws and regulations of the marriage law of the People's Republic of China and its judicial interpretation and "issued by the supreme people's court of the people's court divorce cases opinions on some specific deals with the problem of child support,its principle is:" From the beneficial to children's physical and mental health,safeguard the legitimate rights and interests of children,the combination of both parents raising ability and conditions such as the specific circumstances",?,The principle of the best interests,not sure the upbringing of children cases,aiming at the upbringing of children for the determination of their children directly supported the problems,to study and put forward the principle of best interests of children.The paper is mainly on the principles of child support in the best interest of extraterritorial experience,experience in Hong Kong,Macao and Taiwan,theoretical basis,practical problems,evaluation standard,application analysis and countermeasures for research.There are five sections in this view,the content is as follows:The first chapter through to the children's best interest principle analysis of the concept of theoretical basis,and the analysis of our current laws,points out that children's best interest principle and evaluation standard in the present status of the legislative blank in China;By case in the second chapter points out the divorce cases of minor children rear directly determine the realistic difficulties;Different sentence,the broad existence about the phenomena of connection points out that the principle of best interests of children born is imminent;The third chapter first analyzes the United States,France,Germany and Australia,four advanced countries in the children's best interests principle and factor law,the second pass through the analysis of our country Hong Kong,Macao and Taiwan region in the children's best interest principles and considerations by law;The fourth chapter in combination with the practical situation of our country,and points out that the suitable for China's national conditions of children's best interests to judge standards;The fifth chapter puts forward applicable countermeasures about children's best interest principle.Specific include:a,perfect legislation and relevant judicial explanation;Second,the establishment of project designed trial court-child support;Attorney appointed aid three,introduce the judicial assistance system,as a representative of children's independence;Four,third-party evaluation agency according to law,for judge to find specific basis;Fifth,strengthen the court and the ministry of civil affairs door active review of the divorce agreement about the upbringing of children;Six,and through various channels,strengthening propaganda and education.