| In the past ten years,the number of custody disputes in our country has been on the rise,and most of these cases were gathered in courts all over the country to seek legal protection.At present,there is a serious imbalance between the substantive law and the procedural law in the legislative system of guardianship in our country.Such as the substantive law is relatively mature,but the procedural law is poor.This phenomenon makes it difficult for the staff of the judicial system to carry out practical work and protect the interests of minors.Therefore,this article will launch the elaboration for this phenomenon.It contents include five parts,and the main contents are as follows:The first chapter is an overview of custody and custody disputes.This chapter is divided into three parts.The first part systematically introduces the connotation and types of guardianship;The second part mainly analyzes the characteristics of custody dispute cases.It highlights the characteristics of custody dispute cases from three aspects: the content of custody dispute,the main body and the way of settlement;The third part puts forward special requirements of child custody in the case from the custody case to maximize the interests of children,the court ex office,court trial organization specialization,trial socialization and take children’ s views.The second chapter mainly introduces the content of the trial system of custody disputes in foreign countries,and some enlightenment to the system of custody cases in our country.This chapter is divided into four sections.The first section introduces the principle of the best interests of the children and the application of the system of protecting the interests of the children in the trial of divorce cases in Germany.The second section introduces the characteristics and the principles to be followed in the process of Japanese custody litigation.In the third section,the author introduces the contents of the system of custody dispute cases in Australia.The fourth section points out the worthy of our reference part of Germany,Japan and Australia custody hearing system,which will provide help to improve our legal system.The third chapter focuses on the judicial practice of the court in the trial of custody disputes.This chapter mainly introduces the application of the five methods in judicial practice,which include the establishment of a special family dispute mediation room,the introduction of psychological repair dispute resolution,the establishment of the mediation mechanism,the expansion of social participation and the establishment of the system of the household inspector.The fourth chapter introduces the problems which exists in the judicial practice for our country.From the current legal provisions and judicial practice,and through in-depth comparative analysis,we can find that the legal provisions are not very perfect,such as the establishment of children’ s interests,failure to establish parents’ education system,lack of effective procedures to listen to children’ s views and the inadequate of the regulation for the investigation and evidence collection.In the end,this chapter discusses the common phenomena in the practice,such as the lack of the mediation personnel resources,the lack of professional and the lack of custody dispute resolution or the supervision system of the mediation agreement.The last chapter puts forward the countermeasures to perfect the system of custody cases in our country,which contains two aspects.On the one hand we can improve the relevant provisions,such as by establishing the children’ s interests and parents’ education system,improving the process of listening to children’ s opinions and the regulation for the investigation and evidence collection.On the other hand,it is to solve the practical problems,though putting forward to a perfect mediation system for the custody cases,and establishing the monitoring mechanism.The significance of the research on the system of custody disputes is to give the children the most special interests protection.It not only needs to carry on the systematic research to this trial system object,but also needs to design the different procedure protection.To find out the problem and solve the problem can provide a feasible reference for the trial of the dispute,which is more specialized,socialized and humanized.In addition,it promotes our country’s judicial proceedings more perfect at the same time. |
