| As early as August 1990, China signed the United Nations’Convention on "The Rights of the Child", for the past 26 years, we continue to improve legislation, in the "constitution", "civil law", "marriage law", "Law of protection Minors" and recently enacted the" anti domestic violence law" for children’s rights protection, however, compared with the developed countries, our children protection system is still not sufficiently comprehensive. Nowadays, the mainstream of the international community have the confirmation that Principle of best interests of the child as a guiding principle of the protection, it is enshrined in law, and as a practical treatment about children’s rights case know principle, unfortunately, the law of our country has not been established for this principle. This paper attempts to start with how apply the principle of the best interests of the child when the parents are in divorce period, Then the relevant provisions of the principle in history, foreign law, consideration, applicable standards and the existing defects are briefly introduced in this paper. Through the introduction of new concepts, we could not only make people pay more attention to the protection of children’s rights and interests, but also to provide a new way of thinking for the protection of children’s rights and interests in practice. The author read a large number of papers before writing, clarify the best interests of the child in the context of historical method and integration of the laws and regulations of the international law and the main representative countries relating to the best interests of the child, all provisions of the similarities and differences of brief analysis are made in the article. List what factors should be considered to deal with the specific application when facing the parents divorce under the principle of the best interests of the child, and explanation to the relevant factors to be considered and why these factor should be considered. |
