A Study On Parental Guardianship Of Minor Children After Divorce

Nowadays,divorce phenomenon is becoming more and more frequent.After the divorce,the guardianship of underage children also becomes increasingly prominent.How to better protect the legitimate interests of the minor children has become a very important issue for our country’s law.Although the relevant laws of "General Provisions of Civil Law" and "Marriage Law" in our country have noticed the protection of the interests of underage children,the legislation is still not clear and the protection is still not complete.On the issue of visitation rights,the law does not specify the subject,exercise,time and suspension of the visit right,so that the judicial practice in law has no effect on the interests of the minor children.On the issue of custody of the third party,neither the third-party guardianship system with a relatively perfect structure nor the correspondingly mature legal theory supports the judicial practice.Therefore,to study and solve the problem of guardianship of underage children by parents after divorce has profound theoretical and practical significance to the family legal system of our country.The author believes that after the divorce,parents’ custody of minor children changed their exercise of custody,so that the legitimate interests of their children in the custody relationship were impaired.As the biggest victims of guardianship,minor children should guard their children’s custody of minor children by upholding the principle of the best interests of their children rather than the interests of their parents,so as to minimize the risk of divorce to children Second injury to come.This article is divided into four parts.The whole research idea is based on the basic theory of custody of the parents after the divorce,starting from the principle of the best interests of the children,drawing lessons from the experience of foreign countries and discovering the shortcomings and gaps in the legislation of our country,Corresponding legislative advice.The first part is an overview of parental custody of minor children after divorce.This part defines the meaning of guardianship,clarifies the relationship between guardianship and parental right,custody and visiting right,and then expounds the historical evolution of parents’ principle of custody after divorce in four stages,respectively.At the same time,the legal nature of the custody was discussed by says.The second part is the foreign legislation on the exercise of custody of parents after divorce.First of all,from the overall description of the three foreign exercise mode of supervision,the second is from the specific emphasis on the Anglo-American law system of custody and civil law system to exercise the relevant provisions of parental rights.The third part is the status quo and problems of our legislation on the exercise of custody of parents after divorce.On the one hand,it elaborates the mode of guardianship of parents after divorce and the specific provisions of the law.On the other hand,from the current situation of China’s current legislation,we can sort out the law of our country did not completely follow the “best interests of children”,the lack of access rights,common monitoring mode short board.The fourth part is devoted to the proposal of perfecting the custody of the minor children after divorce.It is suggested that the law stipulates that the “best interests of the children” is the guiding principle and embodied in the specific custody issue,and that the supplement to the exercise of the right of inspection and the third person guardianship system are put forward.