Research On The Legal Issues Of Foreign Custody Of Minors

From the father’s priority rule to the mother’s priority rule,to the establishment of the best interests of minors,the guardianship system of minors has gone through the development process from parental to filial standard.Guardianship of minors are divided into statutory,probate,designated,and selected-guardianship in foreign countries.And for the nature of guardianship,there are doctrine of wardship,obligatory,and responsible theory.With the increasingly frequent contact among countries and widespread transnational marriages,the issue of foreign custody of minors are becoming more prominent.Legal conflicts appeared as a reason of different legal systems on minors guardianship in different countries,such as scope,responsibility,and supervisor of guardianship.International legislation on the application of minors guardianship law is also being perfected.In the law application of minors guardianship,personal law and law of the court of the minors are all used in many countries.However,these two methods of selecting conflict rules have drawbacks.Due to few studies on legislation and theory and limited data of minors guardianship in China,some of my standpoint still need to be further improved.We hope that more scholars will devote themselves to this field to promote the maximum protection of minors’ interests.