On The Joint Custody Of Parents To Minor Children

For the custody of underage children,China's current civil legislation does not adopt a method of distinguishing between guardianship and parental rights,but adopts a model of parental custody.However,in practice,the exercise of parental custody of minor children is often accompanied by various conflicts,and it is not uncommon for a party's rights subject to have difficulty exercising rights.In the years of family litigation,the author deeply felt that the reason for the difficulty of exercising power is not only the implementation of the problem,but also the understanding of the nature,characteristics and legal relationship structure of this kind of rights.Based on the structural analysis of “common guardianship” from the phenomenon level,the author believes that because of the three parties involved in the custody of the minor,the guardian of the child,the guardian of the mother,and the guardian of the mother,the subject of “right to custody of the minor”.The relationship between the joint guardian and the ward is different from the general guardianship relationship and deserves special attention.The author comprehensively analyzes the existing research results of the nature of custody and the consensus on the principle of maximizing the protection of juvenile interests,and proposes that relevant legislation and research should pay attention to the independence of parental custody.Proposed relevant legislation and judicial advice.This article is divided into four parts:This article is divided into four parts:The first part starts from the essence of guardianship,and on the basis of the essence of the rights of parents' joint custody,it also evaluates the relationship between parental rights and custody.Combining the existing status quo of relevant legislation and regulation,combined with the current situation of conflict in the real level,the paper analyzes the actual dilemma of parents exercising joint custody,and summarizes the main reasons for the dilemma of exercising rights.In the second part,from the perspective of comparative law,we look at the norms and judicial conditions of the civil law system and the major countries of the Anglo-American legal system to exercise the relief of the parents' joint custody,so as to sort out the common features.It is worth noting that similar situations do exist in some countries as a viable and effective legal solution.In addition,there is a shadow of the “principal interests of children” in both the legislative and judicial precedents.The third part begins with the three-party structure of the parents' joint supervision of the minor children,and the relationship between the rights of the minors' joint custody rights and the relationship between the joint guardian and the ward.At the same time,according to the content of the exercise of rights,a classification study believes that the independence of parental custody should be paid attention to and the independence protection should be given.The fourth part is to respond to the main problems of the article,including the protection of independence in the legislation to confirm,the judicial relaxation of the filing standards,the way to give legal remedies for joint custody disputes,the strict responsibility of parents to exercise this right,and the introduction of civil compensation.The system is partially linked to the administrative responsibility in the Law on Public Security Management Punishment.