Study On Administative Intervention In Child Custody System Of Australia

Among the child protection systems in English countries,Australia's child custody system has developed well,absorbed many theories of private international law.And in practice,it is also a representative who abides by the relevant provisions of the United Nations more strictly,which has attracted the attention of many nations in the world.As western country with developed welfare,Australia began to implement the social welfare system after the Second World War.In order to ensure the rights of children,Australia established a child rights protection system.The Australian Family Law Act(issued in 1975 and revised 2008)and the Children,Youth and Families Act(issued in 2005)of Victoria state have specific provisions on the administrative intervention in the child custody system,such as special management agencies,main responsibilities,handling procedures,etc.Actually,these two acts are not only representatives but also progressives with perfect effect,which fully reflects the development trend of the child custody system in Australia.In recent years,the intensity of intervention in the issue of juvenile custody has gradually increased.From the aspect of specific system design,the custody system,as an important part to protect the rights and interests of juveniles,plays a fundamental role.In particular,in 2014,the Supreme People's court,the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Civil Affairs jointly issued the Opinions on Several Issues Concerning the Handling of Acts of Custodians Infringing upon the Rights and Interests of Juveniles in accordance with the Law(hereinafter referred to as the “opinions of for ministries”)and in 2016,the State Council issued the Opinions on Strengthening the Protection of Children in Difficulties,after which the legislative system of the protection of children's rights and interests has been further developed,the responsibilities have been refined and processes of the work has been clarified,thus enhancing the enforceability and wide implementation of the work.However,with the progress of society,the multiple social forms and people's different needs gradually put forward the idea of improving the existing legal systems.Therefore,in view of China's long-term adoption of the "grand guardianship" system consistent with the common law system,when applying the guardianship system to protect the rights of minors,reference can be made to the legislative and judicial experience of Victoria,Australia.The law substitute "parents' responsibility" for "custodial",which expands the responsibilities of guardians and weakens the rights of custodians from the perspective of obligations.However,it has reference significance for the application of custody system in China,including the improvement of custody supervision system and the establishment of special handling agencies for child custody affairs.The main body of this paper consists of four chapters.The first chapter is an introduction to the legislation of administrative intervention of the child custody system in Australia;the second chapter mainly analyzes the actual effect and existing problems of administrative intervention in the process of practice;the third chapter analyzes the characteristics of administrative intervention;finally,combined with the current situation of administrative intervention in child custody in China,it puts forward suggestions for improvement.