The Exercise Of Parental Rights After The Divorce System Research

Freedom on divorce means the former couple have the right to exterminate theirmarriage. It is a basic principle in family law, which shows the aim of the law. Divorceinvolves the former couple's interests as well as their children's, and also has inpact onthe society. Although it may protect the former husband and wife's interests, it hasbrought great harm to their children. Divorce means the broken of the family so what thelaw must do first is to try its best to protect the hurted children,how to perform parentalresponsibility is of great importance. This essay will study the system of parentalresponsibility on divorce. The essay consists of preface, main body, and conclusion, themain body contains three parts:The first part will discuss the meaning and characteristic of the system,its function,basic principles, and fundation. Parental responsibility is a kind of basic right of ststus.Parental responsibility on divoce will resolve which parent exercises parentalresponsibility after divorce and how to perform it. Parents' identity remains the sameafter divorce, so does the parental responsibility. The performance conform to such basicrules as best interests of the child, abusement by estoppel.The second part will compare the concerning system overseas .It mainly comparethe contents of parental responsibility, ways to perform it, development of the system, therights and duties of the parent without parental responsibility both in civil law system andcommon law system. The essay will also study the system in Taiwan, Hongkong andMacou.In the last part of this essay, I will analyse the cons and pros of the system in ourcountry and come up with some advice. There are still legal gaps in the system in ourcountry such as confusing of the concept, the system is too simple etc. To resolve theseproblems I come up with some advice that first should differentiate the system ofparental responsibility and guardianship, then perform co-parental responsibility afterdivorce. The essay will put up with some advice about how to exercise the percific rightsand duties of parental responsibility. Abusement of the parental responsibility will leadsto civil liability.