On The Principle Of Best Interests Of Children In The Parent-child Relationship Of Divorce

With the change of social ideology,more and more people get rid of the shackles of traditional ideology,no longer think that divorce is a hard thing to say,so when the marriage relationship between husband and wife is difficult to maintain,people will choose divorce as a way to get rid of the shackles of marriage.Most divorced families have children,who are undoubtedly buried with their parents in failed marriages,bringing huge changes to the study and life of minor children.Therefore,the protection of minor children in divorce cases should be strengthened.In 1990,China acceded to the Convention on the Rights of the Child,in order to implement the Principle of Best Interests of Children established by the convention,in light of our country's national conditions and specific conditions,established the principle of First Call for Children.In a certain extent,this principle played a positive role to protect the interests of the children,but retains its parents-based legislative ideas;it does not consider the minor children as an independent subject and does not exceed the regulation of parental rights in nature.In essence,the Principle of Best Interests of Children established in the Convention on the Rights of the Child can better reflect the concept of children's rights standard,which not only emphasizes the priority of children's interests,but also maximizes the protection of children's interests under the premise of priority.Therefore,in order to avoid minor children being tortured in the divorce cases of their parents and to maximize the protection of minor children's interests,it is necessary to realize the localization of the Principle of Best Interests of Children,and establish in China's marriage law.The content of this paper mainly includes the following aspects:In the first part,firstly is to explain the,general issue of the Principle of Best Interests of Children,this article mainly explains the reason,connotation and value of the principle.Secondly,it analyzes the restrictive factors of the realization of the Principle of Best Interests of Children in the parent-child relationship of divorce and the comparison between the Principle of Best Interests of Children and the First Call for Children.The second part mainly introduces the parent-child relationship in divorce in China involved in the children's rights of some related laws and regulations,this paper selected three aspects to introduce and analyzed,include the directly support,child support,and visits the power,from the perspective of children's best interest principle in these three aspects are analyzed respectively to protect children's rights in divorce parent-child relationship deficiency.Since our country has some deficiencies in protecting the rights and interests of children,we can learn from some foreign legislative experience.Therefore,in the third part,this paper mainly analyzes the guiding ideology of foreign parent-child relationship divorce legislation,lists the legislation of the Principle of the Best Interests of Children in countries of the Common Law Legal Family such as the United States and Australia,countries of Civil Law System such as Germany and France.Provides experience for China to introduce the Principle of Best Interests of Children.In the fourth part,in view of the deficiencies in the protection of children's rights and interests in China analyzed in this paper,combined with the current judicial practice in China and foreign legislative experience,put up forward in our country marriage law to establish the Principle of Best Interests of Children.In addition,targeted respectively from the three aspects of direct support,child support,visits the power on the introduction of the Principle of Best Interests of Children in China.