The Improvement Of The Child Support System After Divorce In Our Country

Chinese divorce rate has been rising in recent years.According to the Ministry of Civil Affairs statistical bulletin on social service development,4.158 million couples were legally divorced in 2016,which increases 8.3 percent over 2015.With 4.374 million couples filed for divorce in 2017,the divorce rate was 5.2%higher than that in 2016.The ever-increasing divorce rate can no longer be reversed,but we can minimize the damage to families from divorce especially to children.Divorce cuts off the rights and obligations between the husband and the wife,but does not dissolve the parent-child relationship between parents and children.Divorce has changed the children's state of living together with their parents,but it cannot exempt parents from their responsibilities for their children,and will not deprive their children of the right to be cared for by their parents,to meet with their parents and to receive maintenance.It is an important task for us to improve the parent-child relationship system after divorce and maximize the interests of children.Although the importance of protecting the interests of children has been taken into account by the relevant legislation of divorce parent-child relationship,but this protection is still from the perspective of parents and social interests,without fully considering the rights and aspirations of children and taking them as the subject of rights.Under this background,it is urgent to study and optimize the legal system of raising children after divorce.Based on the status quo of legislation related to child rearing after divorce in China,this paper conducted an empirical study on 129 divorce judgments collected,and deeply analyzed the problems existing in the child support system after divorce in China,including not establishing the principle of the best interests of the minor children,the unreasonable standard of the direct supporter,the overall amount of maintenance is low and difficult to implement,and there are a lot of gaps in the visiting right system and so on.Japan,a neighboring country just a strip of water away from China,pays more attention to the protection of the interests of minors in the relevant system construction.Japan has defined the principle of the best interests of children.In terms of the selection of parents and the implementation of visitation right,they must be carried out with the aim of the best interests of children.To ensure that the children of divorced parents can still maintain the same standard of living,Japan has developed a simple calculation table of maintenance costs.In terms of the implementation system,the indirect compulsory payment system has been established to ensure the implementation of child maintenance fees and visitation rights.These provisions have important reference value for improving our existing norms and improving the child support system.This paper will introduce the relevant systems of raising children after divorce in China and Japan from three aspects:the system of direct supporter,the system of visitation right and the system of maintenance fee.By investigating the relevant law in Japan,this paper tries to find out the advantages of the Japanese legal system,and on this basis,puts forward its own opinions on perfecting the system of child rearing after divorce in China.It mainly includes establishing the principle of the best interests of minor children;Optimizing the criteria for determining the direct provider of children;Respecting the wishes of minor children;Creating the right to meet and communicate with children;To expand the scope of obligatory persons to assist the enforcement of the right of visitation;Clarifying the application of deferred payment in the implementation of visitation rights;Improving the system for determining and enforcing child support payments.