The Protection Of The Rights And Interests Of The Minor Children For Parental Divorce

China's been dedicated to protecting children's rights for long,made numerous work and gained great achievements since it became a member of the Convention on the Rights of the Children(“Convention”).The Best Interest of Children Principle in the Convention requires that the key point of children's rights and obligations should be their own interest.But China adopts First Call for Children in protecting children's rights,and neglects their original rights.The protection of underaged children's interest remains blank in a divorce case of the parents,and the best interest of children is nowhere to be obtained.To improve China's underaged children's rights and interests protection system,based on the current framework and the principle of best interests of the children,this article firstly proposes the existing problems in protecting underaged children when parents are divorced,then analyzes the limitation of current remedies and root causes,finally specifies the pre-condition of "on spot" divorce and establishes underaged children's "representative ofrights and interests" system,and reserves support funds exclusively for the children.