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A Study On Laws Of Child Support In Divorced Family

Posted on:2019-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:X C LiuFull Text:PDF
GTID:2416330542997429Subject:Law
Abstract/Summary:PDF Full Text Request
Child support(or Child maintenance)is funds indemnification for the growth of the children in the divorced family.Children is related to the future and stability of the whole society.The law on the child support of our country has been formulated for a long time and can not satisfy the modern complex society.This article highlights the new problems of child support system in our modern country and try to gives some suggestions to our child support system from foreign new system and China's national conditions.This article is divided into four parts to analysis the issue of child support.The first section is an overview of Child support.The content of this part is the concept,scope,current status,and defects of child support fee to clarify the new issues faced by the system.The second section introduces the calculation and change model of the amount of support payments in China,analyzes the advantages and disadvantages of the foreign child support calculation model,and extracts the parts that can adapt to China's national conditions and apply them.The third section discusses the payment of maintenance payments,and mainly explores the payment methods and deadlines.The fourth section is to conduct research on the implementation and supervision of the child support in reality.In this situation,it is necessary to explore the implementation and supervision systems that are in line with the historical development regulation.The author proposes to use other departments to share the burden of the court's implementation.In the future development,the content of child support must be more and more clear,which is more better to solve the contradictions between parents.The determination of a reasonable fees of child support can help laws and regulations to adjust to the calculation standard for child support.Although the content of child support is very rich,but it is only a reference factor to calculation the child support and a considered factor when reaching agreement.In judicial practice,most courts also calculate the child support by the proportion of income.So the definition of income is also very important.The author think that reasonable expenses must be deducted when calculate the child support,and this method is in accordance with the basic regular and logic of social development.After the scientific definition of support payments,it is an important issue related to the actual interests of the children in terms of payment and supervision.If it cannot be implemented in practice,all theories are castles in the air.The payment method of child support should be more diversified,such as paying with insurance,articles,etc.This can increase the payment efficiency of support payments and realize the trust of both parents.In terms of supervising the implementation of child support,it is particularly important to set up a special agency to supervise the change of income and parental behavior of both parents.In terms of implementation,it is necessary to track the account information of the executed person,change the execution method,and set up a corresponding punishment mechanism to ensure the implementation of child support payment.Children are in a disadvantaged position and need the protection of the entire society.
Keywords/Search Tags:calculation of child support, payment of child support, supervision and execution of child support
PDF Full Text Request
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