The Principle Of Best Interests Of Children

The principle of best interests of children has already developed into the sole criterion for the various countries when dealing with affairs involving children. Based on China's realities, the author holds that we should reject the idea of standard of right of parents in China's marriage and family law, introduces the principle of best interests of children by comparing the current situations of legislation in different countries, and put forward some suggestions on perfecting China's legislation. There are four chapters in this article besides the preface and conclusion.In the preface, the author summarized the background throughout the world for the principle of best interests of children and tells us the aim, approaches and main contents of her study.In the first Chapter, the author probes into the developing trend of the law of filius sanguis by reviewing its historical evolution and analyzing the connotations of the law of filius sanguis with standard of right of family, with parents standard and with children standard. Meanwhile, she established the conclusion that the principle of best interests of children is in line with the tendency of historical development and is inevitable, by discussing the historical background, causes and the significances of the principle.In the second Chapter, the author compares the connotations, standards for application and contents of legislation in countries with Anglo-American law system and with civil law system.In the third Chapter, she mainly discusses the most fundamental issues in the law of filius sanguis, that is, the classification and establishment of parentage, the rights enjoyed by minors at home, how to realize the best interests of children in the course of divorce, the problems about guardianship, support and visitation right after divorce. Therefore, we can get some legislation mode to learn from to perfect the legal system in marriage.In the forth Chapter, based on the realities in China and the causes, the author suggests that the principle of best interests of children should be clearly stated in China's marriage and family law. At the same time, she gives us some opinions on perfecting China's system of marriage and family to conform to the principle. In the conclusion, she reviews the general thought of this article.