Research On The Guardianship Of Minor Children After Parents Divorced

The family,as the best haven for minor children,plays an irreplaceable role in emotional sustenance,moral education,and parenting on the path of the growth of minor children.However,in today's society,the divorce rate is increasing,and the importance of parental custody of minor children after divorce has become more prominent.How to better protect the legitimate rights and interests of minor children after parents' divorce has become an urgent social issue.In our country,the unique historical tradition has made the "parent-centered" thinking strong for a long time.As minors with incomplete civil capacity,their rights and interests are originally subject to more restrictions from their parents;minors after parents divorce In the child custody problem,the dominant position of minor children is even more reflected.Although the General Principles of Civil Law proposes the principle that is most beneficial to guardians,it is also limited to the application of designated guardianship.In the agreement divorce,the law does not require a substantive review of the ownership of the minor children,and it is impossible to determine whether to consider the wishes of the minor children.Parents have the freedom to divorce,but minor children are the hope and future of the country,and their wishes should also be heard and fulfilled.When their rights are infringed or deprived by a parent,they should also be guaranteed rights and possibilities.Therefore,protecting the rights and interests of minor children after the divorce of the parents,mainly because the wishes of the children are respected,will be of great significance to our family tradition and guardianship system.This article is divided into four parts.The article takes the basic theory of parental custody of minor children after divorce as a starting point,and combs through the historical changes of parental custody after divorce.Based on the relevant laws of China,the principle of the child's best interest is the starting point.Propose legislative suggestions for the development and reform of the guardianship system for minor children after the divorce of parents in China.The first part is the basic theory of guardianship of minor children after divorce.This part introduces the connotation of guardianship of minor children after parents' divorce,and compares the relationship between guardianship and custody,parental rights and visitation rights under the construction of guardianship language legal system in China;secondly,discusses the characteristics and legal nature of guardianship of minor children after parents' divorce;finally,introduces the historical development of guardianship enjoyed by parents after divorce in the world And changes.The second part is the current situation and problems of guardianship of minor children after the divorce of parents in China.Through the horizontal and vertical combing of the custody of minor children after parents 'divorce,the principles of ownership of custody,the custody and custody of China,and the content of guardianship were clarified.The shortcomings of the existing regulations were analyzed,and the parents' The parental interests dominate the interests of minor children in the guardianship of adult children,the mental needs of minor children are not met,and the frequent occurrence of family guardianship infringing the interests of minor children.The third part is the analysis of the causes of the custody of minor children after parents divorce.After analyzing the custody situation and existing problems of minor children after parents' divorce in China,it is found that there are deep-seated reasons for the problem.Due to the foreign transplantation of the custody system in China,it does not fully adapt to our family traditions.There is a parent-oriented social tradition Basic reasons such as the lack of operability of the right of visitation system and the state's laissez-faire on family custody.The fourth part is the perfect measures for guardianship of minor children after parents divorce.Based on the analysis of guardianship issues,according to the actual situation in China,it is proposed that the principle of the child's best interests should be implemented in guardianship legislation,and recommendations are made for the reorientation of the visitation system and guardianship of public power.