Research On The Protection Of The Rights And Interests Of Children Divorced In Taiwan

Parental power is parents'rights and obligations to under-aged children in personal and propert aspects in the view of identities.Once the marriage relationship between the parents is relieved,the two people will face the problem of protecting the rights and interests of their children because they are no longer living together in a family and sharing their possessions.This problem is particularly prominent in Taiwan-related marriage.The relationship between parents and children will not eliminate by divorce,even by the Taiwan-related marriage which one of the parents obtain direct custody of their children.The father or the mother,who has not obtained direct support,still has the right to meet with their children through the exercise of the right of visitation to maintain the relationship with their children.While parents in Taiwan-related marriage comes from different jurisdictions,the legal systems of the two sides are different,thus both sides of the communication is not completely open and both parents often have not direct contact after divorce.There might even be a bad phenomenon that in order to achieve the goal of divorce as soon as possible in the handling of children's problems is more casual and emotional situation,resulting in their children's rights and interests protection vulnerable to infringement.At the same time,the spouses of the mainland often have poor working and living conditions in Taiwan after divorce,resulting in limited ability to bring up their children.The local protectionism and high default judgement rate in Taiwan court led to the fact that the percentage of paternity of the mainland spouses was significantly lower than that of Taiwanese spouses.The same situation also exists in the continental courts.To protect the rights and interests of children to the greatest extent is the time proposition that we must face.Safeguarding the legitimate interests of the parties involved in divorce cases in Taiwan-related marriage is conducive to the healthy growth of their children.This is of great significance for maintaining social stability and promoting social development.By comparing the legislation and judicial practice of divorce cases involving Taiwan,the author summarizes the shortcomings of the protection of the rights and interests of the children involved in divorce in Taiwan,and puts forward corresponding suggestions after analyzing the reasons.In addition to the introduction and conclusion,this paper is divided into three parts:The first part is the status quo of the protection of the rights and interests of divorced children in Taiwan-related marriage,including the basic definition,the connection and difference of related concepts,and the comparison of the legislative and judicial status of the protection of the rights and interests of divorced children on both sides of the strait.The second part is the analysis of the problems and causes of the protection of the rights and interests of the divorced children in Taiwan-related marriage.The main problems in legislation level are that the legal provisions of the protection of the rights and interests of divorced children in mainland China are crude and lack of the enforcement system of the people,which does not reflect the principle of the best interests of the children.At the judicial level,there is a tendency of local protectionism in the courts and a high rate of absentee judgment.In addition,the phenomenon of abduction of children after divorce of residents on both sides of the Taiwan Strait is serious.The obstacles to the recognition and enforcement of the judges on both sides of the Taiwan Strait threaten the protection of the rights and interests of the children involved in divorce in Taiwan-related marriage.The third part is to draw lessons from the beneficial experiences of other countries and regions and put forward the corresponding legislative and judicial solutions according to the above problems and reasons.In the aspect of legislation,the legal provisions concerning the maintenance and visiting of divorced children in Taiwan-related marriage can be refined,and the principle of the best interests of children should be established in the field of marriage and family by establishing a limited system of execution of persons and combining with the system of social view of care.In the judicial aspect,we can strengthen the safeguard mechanism for the maintenance and visitation of the children involved in divorce,establish the mechanism for preventing the abduction of children on both sides of the strait,and perfect the recognition and enforcement of the judges on both sides of the strait.