An Empirical Study On The Problem Of Underage Child Raising In Divorce Lawsuits In Hainan Province

The protection of the rights and interests of minors has always been concerned by the society,especially the minor children in the divorce proceedings.Minor children raised in the divorce case,on the basis of all kinds of information collection and analysis of hainan grassroots courts can be found in the protection of the minor children under age two did with mum for the principle,compare to the stability of the minor children of the living environment is outstanding,can make clear a regulation in law of raising questions reasonable judge.However,some aspects of laws and judicial interpretations have not been fully implemented in the adjudication process.In the case adjudication,the real interests of minor children have not been taken into consideration,the subject status of minor children's rights has not been taken into consideration,the maintenance cost of the adjudication is low,and the importance of the right to visit has been neglected.The above problems can be traced back to the traditional social customs peculiar to hainan province,among which the thoughts of"children leaving their parents' home" and "parents' standard" have negative effects on the problem of raising minor children.In addition,the court has not carried out the principle of"maximizing the interests of minors" in the judgment.The judge has too much discretion and lacks the protection mechanism for the subject of the rights of minor children and the right to visit.The discovery of the problem is to better solve the problem.For the problem of raising children in divorce proceedings in hainan province,there are both legislative defects and local court judgment deficiencies.In view of this,it is necessary to establish the legal representative system of minor children in legislation,and perfect the maintenance fee system of minor children.In judicial adjudication,the court should get rid of the backward traditional customs,the judge should actively listen to the opinions of the minor children,pay attention to the role of the right of visitation.Only in this way can the interests of minor children be better protected in the litigation stage.