Research On The Legislation Of Rearing Divorce Children's Under The Best Interests Of The Child

The family is the cell of the society and the main place for the life of every natural person.Such a place is especially important for the growth of minor children.So facing this problem,we should focus on a situation,how we can protect the best interests of child in this house.With the development of human rights thought and attention to the status of children,the principle of the best interests of child has been established in international treaties after a long process of development.This principle has led to changes in the content of legislation relating to children's affairs.In terms of the determination of the dependent of juveniles and the related contents of the maintenance fee for minor children,many countries have directly defined the principle of the best interests of child in their parent-child relationship laws.Under the guidance of this principle,the content of the parent-child relationship law is based on it.Compared with many laws outside the domain and many problems existing in the current parent-child relationship in China,the author believes that it is necessary to study the underage child support system in depth and propose the solution to the problem.This paper analyzes the basic theory of the principle of children's best interests,introduces and analyzes the implementation of the principle of children's best interests in the legal system of divorce children in some foreign countries,and analyzes the relevant legislation in China to protect children.On the basis of the application of the maximum benefit,on the basis of this,put forward suggestions for improving the relevant legal system in China.There are five parts in this paper.In addition to the introduction,there are about 35,000 words.The first part is the basic theory of the principle of the best interests of children.This section explains the meaning of the principle of the child's best interests,the significance of establishing the principle,the basis for establishing the principle,and the significance of using the principle as a starting point to study the system of raising children in divorce.The second part is the extraterritorial legislation and evaluation of the divorce children under the principle of children's best interests.This section introduces the family law of the Germany,United States and Australia,and introduces the determination of the dependent child supporters and the method of calculating the maintenance fee,the effect of abandoning the maintenance fee,and the comparative analysis of the legal norms of the three countries.The third part is The third part examines the legislation of raising children in divorce in China in the principle of the best interests of the child.This part is combined with empirical investigation and analyzes some shortcomings in the child support legislation in the case of divorce in our country,including the determination of child supporters and the calculation of the amount of support in the two cases of agreement divorce and litigation divorce.Put forward reasonable suggestions and lay a practical foundation.The fourth part is suggestions on the Perfection of Legislation for Child Divorce in China under the Principle of Children's Maximum Interests.Based on the experience of extraterritorial legislation and the theoretical research of domestic scholars,this part proposes suggestions for perfecting the existing related systems in order to guarantee the realization of children's best interests in the legal system of divorce child support.The recommendations mainly include: establishing the principle of the child's best interests,stipulating the reference factors for reviewing child support matters when registering for divorce,improving the reference factors for determining the child supporters,adjusting the calculation method for the child support for minors,and establishing the reporting obligations for divorced couples.Limit the effectiveness of abandoning child support agreements when divorcing.