On The Realization Of The Principle Of The Best Interests Of Children In Divorce Dispute Settlement

The guardian of the best interests of the child is his / her parents, whose parents bear the most important responsibility for the growth of their minor children. Under the guideline of the Convention on the Rights of the Child,the child-centered legislation,which is characterized by the fulfillment of responsibilities and obligations of the parents and the protection of the best interests of the children, has become the parent-child relationship of all countries. The principle of the best interests of the child has been gradually developed and developed over the past several decades. The mainstream of legislation. Until the 20th century, the international legislation on children has experienced an unprecedented rapid development trend. However, the content of parent-child relationship in Chinese marriage law has not been modified since the 1980 marriage law, and still has the trace of parent-based legislation. The provisions on parents’ rights and obligations to their children are too general and brief.The connotation, boundary and legal responsibility of parents’ education and education are not clear and specific, and the protection of children’s rights is not circumvented. Parents’ responsibility should be defined in a comprehensive,systematic and specific way. Parental responsibility should be defined as a legal term in parent-child relationship,which includes all the rights and obligations of parents in personal relations and property relations. Those who fail to perform or improperly perform their parents ’responsibilities shall clearly stipulate the conditions and procedures for the loss,transfer and restoration of their parents’ responsibilities, and the state public power shall intervene to impose national custody on the minor children.Under the conditions of the dissolution of the parents, the minor children are undoubtedly the biggest victims of this dispute. The nature of the divorce dispute is a compound action, which also means that the legal relationship will be diversified in the divorce case. Therefore, in the dissolution of marriage and the protection of the best interests of the children of this contradiction, we should find a solution to the recipe,as much as possible to protect the interests of children. However, in practice,due to some legislative shortcomings and in practice the principle of the best interests of the child to achieve some of the difficulties, so the protection of the best interests of the child can not be well achieved, The survey shows that the vast majority of couples with divorced cases have children who are underage.From the parents can not choose the child’s point of view, the collapse of the family can only mean that the disappearance of a stable place of life, its impact is very great. Since the parents are presumed to be the best caregivers of their children, the family is presumed to be the best environment for their children to grow. In fact, the family has proved to be the best place for children to survive.this paper from the legislative and practical point of view of the two children the best interests of the principle So that the realization of the principle of the best interests of children in divorce legal relations has a stronger operational.