Study On Standards Of The Principle Of Best Interests Of The Child In Divorce Proceedings

In the divorce proceedings of parents, the children,especially the minor children, are always hurt the most. There are always disputes of child custody in divorce cases,when adjudging the custody of the children,The court need according to certain principles to make decision in favor of children.Many foreign countries have established the principle of "best interests of the child" as the only principle of parents' acts involving the interests of children in the law.But in our country the law does not stipulate the principle,nor the principle is treated as the highest standards of child custody issues in the judicial practice.Since the law is too principled, that the discretionary power of the judge in the case is too large, which is not conducive to the full protection of the interests of children.This thesis analyzes the standards of principle of best interests of the child,to offer reference standards for the judge when handling withthe custody of the children cases,so that the interests of children can get maximum protection.There are four chapters in this article.The first chapter is mainly based on two typical cases and its judicial position.by analyzing the problems and the reasons,the author come to the issue this paper will discuss--standards of the principle of best interests of the child.The second chapter mainly introduces the legislation and judicial position of our country on the protection of the interests of children, then points out the shortage of our country in the legislation and judicial practice respectively.The third chapter elaborates about the basis of the standards,to provide the the theoretical and practical basis for the establishment of the standards this thesis discusses.The last chapter mainly explores the establishment of the standards of the principle of best interests of the child.First, the author introduces the relevant laws and regulations in other countries to provide the reference for Chinese legislation.In order to achieve the best interests of children,the author set up the standards separately from the perspective of the children and their parents combined with the reality of our country.